United States v. Lamarr Dremell Parks

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 11, 2008
• Docket: 06-2763
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 06-2763 ___________

United States of America, * * Appellee, * * On remand for reconsideration v. * from the United States Supreme * Court. Lamarr Dremell Parks, * * [UNPUBLISHED] Appellant. * ___________

Submitted: March 27, 2008 Filed: July 11, 2008 ___________

Before BYE, RILEY, and MELLOY, Circuit Judges. ___________

PER CURIAM.

After our earlier decision in United States v. Parks, 238 Fed.Appx. 187 (8th Cir. 2007) (Parks I), the United States Supreme Court vacated and remanded this case for reconsideration in light of Kimbrough v. United States, 552 U.S. ___, 128 S. Ct. 558 (2007). Parks v. United States, 128 S. Ct. 1301 (2008). Pursuant to Kimbrough, “the cocaine Guidelines, like all other Guidelines, are advisory only . . . .” 128 S. Ct. at 564.

At sentencing, Parks maintained his argument the district court should impose a sentence below the Guidelines range on the basis of the crack/powder cocaine ratio. The record also demonstrates the district court would have, if permitted to do so, considered the impact of the crack/powder ratio on Parks’s sentence. We therefore vacate the sentence and remand to the district court for reconsideration in light of Kimbrough. See also United States v. Spears, ___ F.3d ___, 2008 WL 2485329, at *1 (8th Cir. June 23, 2008) (en banc). ______________________________

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