Supreme Court to Hear Drug Sentencing Cases Today
The Supreme Court will hear oral arguments today in two drug cases, Gall v. United States and Kimbrough v. United States.
The Kimbrough case will bring the disparate penalties for crack and powder into full focus. U.S. News today has some numbers on the sentencing disparity. The Gall case will define the circumstances under which a judge can sentence below strict federal sentencing guidelines.
In a nutshell, Gall's guidelines were 30 to 37 months for minor participation of limited duration in an ecstasy conspiracy. The Judge deviated from the Guidelines to a sentence of probation, the Government appealed and the 6th Circuit reversed the trial court.
The question in Gall (pdf):
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