United States v. Johnny Gunter
Court of Appeals for the Third Circuit
1Opinion of the Court
AMBRO, Circuit Judge.
Johnny Gunter was convicted, inter alia, of possession with intent to distribute cocaine base (“crack”) and sentenced to a 295-month prison term. He argues on appeal that the District Court erred in ruling that it could not, as a matter of law, impose a sentence below that of the applicable federal Sentencing Guidelines range for offenses involving crack cocaine. For the reasons provided below, we vacate Gunter’s sentence, and remand this case to the District Court for resentencing.
I. Factual and Procedural Background
On February 3, 2004, detectives found Gunter in a motel…
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