Judge is Entitled to Reject Cocaine Guidelines

By Cedric Dean.

Did you know on January 21, 2009 the Supreme Court in Spears v. U.S., summarily reversed the Eighth Circuit Court of Appeals and held that a district court judge is entitled to reject and vary categorically from the crack cocaine guidelines based upon the sentencing judge’s personal policy preference regarding the appropriate ratio between crack and powder cocaine offenses?

The per curium majority offered this culinary metaphor: “The dissent says that “Apprendi, Booker, Rita, Gall and Kimbrough have given the lower courts a good deal to digest over a relatively short period.” True enough–ans we should therefore promptly remove from the menu the Eighth Circuit’s offering, a smuggled-in dish that is indigestible.”

This decision means district court judges now have the power to tailor sentences based on the defendant’s role in  in the offense, use of violence, the presence of a firearm and use of special skill, not statutory mandatory minimum punishments.

For a complete understanding of how this proclamation on federal sentencing may effect your case, visit the law library and read: Spears v. U.S., No. 08-5721, 2009 WL 129044 (U.S. Jan 21, 2009)