U.S. v. HENDERSON

No. 09-50544.

649 F.3d 955 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Webster HENDERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2011.


Attorney(s) appearing for the Case

Sean K. Kennedy , Federal Public Defender, and James H. Locklin , Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Andre Bitotte Jr. , United States Attorney, Denisse D. Willett , Assistant United States Attorney, and Anne C. Gannon , Assistant United States Attorney, Santa Ana, CA, Mark R. Yohalem , Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judge B. FLETCHER; Concurrence by Judge BERZON; Concurrence by Judge CALLAHAN.


OPINION

B. FLETCHER, Circuit Judge:

Ronald Henderson challenges the district court's failure to exercise the discretion accorded it in Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), to vary from the Sentencing Guidelines based on policy disagreements with them and not simply based on an individualized determination that they yield an excessive sentence in a particular case. Because...

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