Kimbrough v. United States

E649387

Kimbrough v. United States is a 2007 U.S. Supreme Court decision holding that federal judges may deviate from the Sentencing Guidelines, particularly the crack–powder cocaine disparity, based on policy disagreements with those guidelines.

All labels observed (3)

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf United States Supreme Court case ⓘ
criminal sentencing case ⓘ
appliesTo United States Sentencing Guidelines ⓘ
areaOfLaw federal criminal law ⓘ
sentencing law ⓘ
arguedDate October 2, 2007 ⓘ
category 2007 in United States case law ⓘ
United States Supreme Court cases of the Roberts Court ⓘ
United States Supreme Court cases on sentencing ⓘ
citation 552 U.S. 85 ⓘ
clarified extent of district court discretion under advisory Sentencing Guidelines ⓘ
concurrenceBy Antonin Scalia ⓘ
Clarence Thomas ⓘ
country United States ⓘ
court Supreme Court of the United States ⓘ
decidedDate December 10, 2007 ⓘ
decisionDate 2007 ⓘ
dissentBy Anthony M. Kennedy ⓘ
Antonin Scalia ⓘ
Clarence Thomas ⓘ
Samuel A. Alito, Jr. ⓘ
linked to: Samuel A. Alito Jr.
docketNumber 06-6330 ⓘ
effect increased judicial discretion to vary from crack cocaine guideline ranges ⓘ
recognized that the Sentencing Commission’s crack–powder ratio was not based on empirical data in the same way as other Guidelines ⓘ
fullCaseName Derrick Kimbrough v. United States ⓘ
holding A sentencing judge may impose a sentence outside the Guidelines range because the judge disagrees with the crack–powder cocaine sentencing disparity embodied in the Guidelines. ⓘ
Federal district courts may deviate from the United States Sentencing Guidelines based on policy disagreements with the Guidelines. ⓘ
The crack–powder cocaine ratio in the Sentencing Guidelines is advisory, not mandatory. ⓘ
influenced later reforms to federal crack cocaine sentencing policy ⓘ
joinedByInMajority Anthony M. Kennedy ⓘ
Chief Justice John G. Roberts, Jr. ⓘ
linked to: John G. Roberts Jr.

David H. Souter ⓘ
John Paul Stevens ⓘ
Samuel A. Alito, Jr. ⓘ
linked to: Samuel A. Alito Jr.

Stephen G. Breyer ⓘ
jurisdiction United States federal courts ⓘ
linked to: U.S. federal courts
legalIssue crack–powder cocaine sentencing disparity ⓘ
federal sentencing discretion ⓘ
interpretation of advisory Sentencing Guidelines after United States v. Booker ⓘ
majorityOpinionBy Ruth Bader Ginsburg ⓘ
priorHistory United States v. Kimbrough, 174 F. App’x 798 (4th Cir. 2006) ⓘ
recognized district courts may consider the disparity between the Guidelines’ treatment of crack and powder cocaine offenses when imposing sentence ⓘ
relatedCase Gall v. United States ⓘ
United States v. Booker ⓘ
standardOfReview reasonableness review for sentences outside the Guidelines range ⓘ
subsequentCitationBy federal appellate courts reviewing crack cocaine sentences ⓘ
topic crack cocaine sentencing ⓘ
policy-based variances from Guidelines ⓘ

How these facts were elicited

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

United States v. Booker → subsequentInterpretationBy → Kimbrough v. United States ⓘ
Gall v. United States → relatedTo → Kimbrough v. United States ⓘ
Kimbrough v. United States → fullCaseName → Derrick Kimbrough v. United States ⓘ
linked to: Kimbrough v. United States
Kimbrough v. United States → priorHistory → United States v. Kimbrough, 174 F. App’x 798 (4th Cir. 2006) ⓘ
linked to: Kimbrough v. United States