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U.S. v. HOOD

Nos. 08-7019, 08-7571.

556 F.3d 226 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Carlous Gerrard HOOD, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Corey Allen Brooks, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 20, 2009.

Attorney(s) appearing for the Case

ARGUED: Matthew Segal, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellants. Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Federal Defenders Of Western North Carolina, Inc., Asheville, North Carolina; Tanzania Cannon-Eckerle, Charlotte, North Carolina, for Appellants. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILLIAMS and Judge MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

In furtherance of its conclusion that "the 100-to-1 drug quantity ratio [of cocaine powder to crack cocaine used in sentencing] significantly undermines various congressional objectives set forth in the Sentencing Reform Act and elsewhere," the United States Sentencing Commission adopted Amendment 706 to the Sentencing Guidelines, effective November 1, 2007. Amendment 706 amended U.S.S.G. § 2D1.1, lowering by two levels...

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