Moore v. United States

James Eric Moore was convicted of one count of possessing cocaine base with intent to distribute, a violation of 21 U. S. C. §§ 841(a)(1) and (b)(1). Given the quantity of crack cocaine, the presentence report calculated that Moore’s sentencing range under the United States Sentencing Guidelines was 151 to 188 months. At sentencing, Moore asked the District Court to impose a below-Guidelines sentence in light of our decision in United States v. Booker, 543 U. S. 220 (2005), and the Guidelines’ disparate treatment of similar amounts of crack and powder cocaine.

The District Court refused,…