U.S. v. RUSSELL

No. 07-4731.

564 F.3d 200 (2009)

UNITED STATES of America v. Cleotis Eugene RUSSELL, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Filed: April 23, 2009.


Attorney(s) appearing for the Case

Lisa B. Freeland, Federal Public Defender, Renee Pietropaolo, Assistant Federal Public Defender, Pittsburgh, PA, for Appellant.

Mary Beth Buchanan, Robert L. Eberhardt, United States Attorneys, Donovan Cocas, Assistant United States Attorney, Pittsburgh, PA, for Appellee.

Before: CHAGARES, HARDIMAN Circuit Judges, and ELLIS, Senior District Judge.


OPINION OF THE COURT

ELLIS, Senior District Judge.

Cleotis Eugene Russell, Jr. appeals his 87-month sentence following a guilty plea, arguing (i) that the District Court erred in concluding it was barred from categorically rejecting the Sentencing Guidelines' crack-powder cocaine differential on policy grounds; (ii) that the District Court erred in giving the Sentencing Guidelines presumptive weight; (iii) that...

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