United States v. Gunter

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Appellant Johnny Gunter appeals the judgment of sentence entered by the District Court following resentencing. Appellant contends that the District Court erred in: (1) failing to understand its discretion to consider Appellant’s arguments relating to disparities created by the crack-to-powder ratio; and (2) imposing a concurrent sentence on Count 5 in excess of the statutory maximum. Although we will affirm the overall length of the sentence because the District Court properly followed this Circuit’s and the Supreme Court’s case law, we will…