United States v. Webb, Alvin

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Defendant Alvin Webb pleaded guilty to distribution of more than 50 grams of crack cocaine. When sentencing Webb, the district court departed downward from the sentencing range specified in the United States Sentencing Guidelines chiefly due to Webb’s addiction to drugs but also due in part to the Government’s decision not to arrest Webb earlier, when he had made small sales to an undercover officer and would have received a lesser sentence under the Guidelines. Because the district court relied upon impermissible…