United States v. Davie

278 F. App'x 266

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 22, 2008
• Docket: 08-4057
• Status: Unpublished

Opinion

PER CURIAM:

Adrian Davie pled guilty to possession with intent to distribute cocaine base and was sentenced to fifty-seven months of imprisonment. The district court rejected Davie’s request for a variance sentence based on the sentencing disparity between crack and powder cocaine under the Sentencing Guidelines, relying on then-binding precedent. See United States v. Eura, 440 F.3d 625, 632-34 (4th Cir.2006) (holding that 100:1 ratio cannot be the basis of a variance), vacated, — U.S.-, 128 S.Ct. 853, — L.Ed.2d - (2008). Because Eura was vacated by the Supreme Court’s opinion in Kimbrough v. United States, — U.S.-, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), we grant the parties’ joint motion to remand in light of that opinion. Accordingly we vacate and remand for re- sentencing in light of Kimbrough. *

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED.

* We offer no criticism of the district court which properly applied the relevant law at the time of sentencing.