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: Fifth Circuit Blog

District Court May Categorically Reject Crack Guidelines Based Solely on Policy Disagreement, Even Without Individual Mitigating Circumstances

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Spears v. United States, No. 08-5721 (U.S. Jan. 21, 2009) (per curiam) You thought it was already clear from Kimbrough that a district court may categorically reject the crack guidelines based solely on the court's policy disagreement with the crack/powder ratio? So did a majority of the Supreme Court, hence this summary reversal of the Eighth Circuit's contrary understanding of Kimbrough. In

Full post as published by Fifth Circuit Blog on January 21, 2009 (boomark / email).

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