U.S. v. BROWN

No. 09-3776.

617 F.3d 955 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. James J. BROWN, Sr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 2010.


Attorney(s) appearing for the Case

Rita M. Rumbelow (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Erika L. Bierma (argued), Federal Defender Services, Madison, WI, for Defendant-Appellant.

Before KANNE, WILLIAMS, and HAMILTON, Circuit Judges.


WILLIAMS, Circuit Judge.

James J. Brown, Sr. pled guilty to possessing crack cocaine with the intent to distribute it. He qualified as a career offender under the United States Sentencing Guidelines, and he pointed out in his sentencing memorandum that the guideline range for powder cocaine offenders was lower than that for crack cocaine offenders like him. At the time, our precedent dictated that a sentencing judge was bound...

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