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U.S. v. WELTON

No. 08-3799.

583 F.3d 494 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus L. WELTON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 2, 2009.

Attorney(s) appearing for the Case

Meredith P. Duchemin, Attorney (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Erika L. Bierma, Attorney, Federal Defender Services, Madison, WI, Johanna M. Christiansen, Attorney (argued), Richard H. Parsons, Attorney, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and BAUER and EVANS, Circuit Judges.

BAUER, Circuit Judge.

After pleading guilty to distributing crack cocaine, Marcus L. Welton was sentenced as a career offender to 188 months' imprisonment. On appeal, Welton contends that resentencing is necessary in light of the Supreme Court's decision in Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 564, 169 L.Ed.2d 481 (2007), which recognized a district court's authority to consider the sentencing disparity between crack and powder cocaine offenses...

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