United States v. Andre Ware

OPINION OF THE COURT

GARTH, Circuit Judge.

In these two appeals, we are called upon to resolve the alleged tension between the sentencing statutes and the Sentencing Guidelines. Andre Ware and Allen Stratton, both serving sentences for various offenses involving crack cocaine, each moved in their respective cases for reductions in their sentences following a retroactive amendment to the Federal Sentencing Guidelines applicable to crack cocaine offenses. 1

District Court Judge Dubois, presiding over Ware’s case, granted his motion and reduced his sentence from 128 months to 84 months. District…