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Kimbrough v. United States
''Kimbrough v. United States'', , was a United States Supreme Court case in which the Court confirmed that federal district judges have discretion to impose sentences outside the range dictated by the Federal Sentencing Guidelines, in cases involving conduct related to possession, distribution, and manufacture of crack cocaine.
== Background ==
Derrick Kimbrough was indicted in September 2004 in federal court in Virginia on four drug-related counts: conspiracy to distribute both crack and powder cocaine; possession with intent to distribute more than 50 grams of crack cocaine; possession with intent to distribute powder cocaine; and possession of a firearm in furtherance of a drug trafficking offense. Kimbrough pleaded guilty to all four counts. Under the statutes that define these respective crimes, Kimbrough faced a sentence of between 15 years and life in prison. Based on the facts, Kimbrough admitted at his change-of-plea hearing, as well as the fact that Kimbrough had testified falsely at a codefendant's trial, the district court computed the applicable range under the federal sentencing guidelines at 228 to 270 months in prison.
Kimbrough's Guidelines range was so high because his offense involved both crack and powder cocaine. US District Court Judge Raymond Alvin Jackson observed that if Kimbrough's crime had involved powder cocaine only, his sentencing range would have been 97 to 106 months. The mandatory minimum sentence, in turn, was 180 months in prison, and the district judge imposed that sentence. Kimbrough was represented by Assistant Federal Public Defender Riley H. Ross III. The government was represented by Assistant United States Attorney William D. Murh.
The Fourth Circuit Court of Appeals vacated the sentence and remanded for further proceedings. Relying on a prior opinion, the appellate court stated that any sentence that fell outside the Guidelines range was ''per se'' unreasonable if that sentence was based on a policy disagreement with the fact that crack cocaine offenses are punished more harshly than powder cocaine offenses. The United States Supreme Court agreed to review the Fourth Circuit's reasoning in this case.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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