Variance from guidelines sentencing is permissible if crack/powder sentence disparity is greater than necessary to meet statutory sentencing purposes

SENTENCING United States v. Trotter, No. 05-3487, ___ F.3d ___ (10th Cir. Mar. 3, 2008)(Kansas). Remand from Supreme Court in appeal of sentence for possession of crack cocaine with intent to distribute. HELD: In light of Supreme Court’s decision in Kimbrough v. United States, 552 U.S. ___, 128 S.Ct. 558 (2007), district court’s denial of defendant’s request for variance from guideline sentencing range was incorrect to extent it was based on belief that defendant’s crack/powder sentence disparity argument could not constitute valid reason for varying from sentencing guidelines. Under Kimbrough, it is not abuse of discretion for district court to conclude that harsher sentence directed by sentencing guidelines for crack cocaine offense (versus powder cocaine offense) yields sentence greater than necessary to meet 18 U.S.C. § 3553(a)’s sentencing purposes. Read the opinion here.