Legal Opinion

United States v. Welton

Court of Appeals for the Seventh Circuit

Decided October 2, 2009No. 08-3799PublishedCited by 43 opinions

1Opinion of the Court

BAUER, Circuit Judge.

After pleading guilty to distributing crack cocaine, Marcus L. Welton was sentenced as a career offender to 188 months’ imprisonment. On appeal, Welton contends that resentencing is necessary in light of the Supreme Court’s decision in Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 564, 169 L.Ed.2d 481 (2007), which recognized a district court’s authority to consider the sentencing disparity between crack and powder cocaine offenses in fashioning a sentence. We affirm.

I. BACKGROUND

On two separate occasions in the Summer of 2007, Welton sold crack cocaine totaling…

2Cases cited17 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Kimbrough v. United StatesSupreme Court of the United States · 2007
  3. United States v. Karl CunninghamCourt of Appeals for the Seventh Circuit · 2005
  4. United States v. MartinCourt of Appeals for the First Circuit · 2008
  5. United States v. TaylorCourt of Appeals for the Seventh Circuit · 2008

12 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. United States v. CornerCourt of Appeals for the Seventh Circuit · 2010
  2. United States v. MercedCourt of Appeals for the Third Circuit · 2010
  3. United States v. Reyes-HernandezCourt of Appeals for the Seventh Circuit · 2010
  4. Perry v. United StatesCourt of Appeals for the Seventh Circuit · 2017
  5. United States v. MitchellCourt of Appeals for the Ninth Circuit · 2010

38 more not listed; retrieve them via the Exa API.

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