United States v. Craig Miller

Craig Miller (“Appellant”) appeals his 151-months’ sentence for possession of and conspiracy to possess crack cocaine. * Appellant argues that the district court failed to address Appellant’s contention that the crack/powder disparity in the sentencing guidelines should be considered advisory rather than mandatory. The government (“Appellee”) agrees that, because the sentencing hearing was held before the Supreme Court’s decision in Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), Appellant’s case warrants limited remand. We vacate the sentence and remand to the…