Not all crack offenders get new sentences.

• Author: Ziemer, David

Byline: David Ziemer

Not everyone sentenced for crack cocaine offenses will be able to get a new sentence, despite the recent holding by the U.S. Supreme Court that district courts may depart from the guidelines to alleviate the disparity in sentences for crack and powder cocaine.

Instead, the Seventh Circuit will be using the same procedure it used after mandatory guidelines were struck down in 2005 - the court will remand to the district court only if there is reason to believe the district court may impose a different sentence.

Prior to the Supreme Court's decision in Kimbrough v. U.S., 128 S.Ct. 558 (2007), the Seventh Circuit did not allow district courts to impose below-guideline sentences based solely on the judge's disagreement with the Guidelines' 100:1 ratio between crack and cocaine.

In Kimbrough, the U.S. Supreme Court disagreed, and held that they could.

But not everyone will be able to benefit - Juan White, convicted last year of distribution of 50 grams or more of crack, and sentenced to 360 months in prison, is one of them.

After his conviction in federal district court in Illinois, White appealed his conviction and sentence.

The Seventh Circuit heard oral argument on Dec. 7, and Kimbrough was decided just three days later. The court then requested that White and the government file supplemental briefs on whether the court should remand the case for resentencing in light of Kimbrough.

But on Mar. 5, the court agreed with the government that remand is unnecessary.

The court concluded, [W]e agree with the government that such remand is...