U.S. v. Pho, No. 05-2455 (1st Cir.) (433 F.3d 53) (January 5, 2006) (Judge Bruce M. Selya)
In this case, the First Circuit articulated a significant limit on the acceptable justifications for a non-Guidelines sentence. Here, the district court had sought to reduce the infamous 100:1 ratio between a Guidelines sentence for crack-versus powder-cocaine. Because the defendant's sentencing took place post-Booker, the district court believed that it ...
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