United States of America v. Vincent Marbley

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0500n.06
Filed: August 15, 2008
No. 07-3464
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
VINCENT MARBLEY,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OHIO
O R D E R
Before: MARTIN, ROGERS, and SUTTON, Circuit Judges.
This appeal raises one issue: Does a district court at sentencing have authority not to follow the
sentencing guidelines’ disparate treatment of crack and powder cocaine offenses? The district court in
this case held that it had no such authority. Subsequent to that determination, the Supreme Court held
that a sentencing “judge may consider the disparity between the Guidelines’ treatment of crack and
powder cocaine offenses.” Kimbrough v. United States, __ U.S. __, 128 S. Ct. 558, 564 (2007). In
view of Kimbrough, the government concedes that we should remand this case for resentencing. We
agree and therefore vacate the sentence and remand the case to the district court for resentencing in light
of Kimbrough.
ENTERED BY ORDER OF THE COURT

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Leonard Green, Clerk

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