Spears v. United States (2008)
- Docket
- 08-5721
- Decided
- 2008-01-01
Summary
Question: May a district court vary from the advisory ratio of cocaine base to cocaine powder used in the United States Sentencing Commission Guidelines Manual when determining sentencing due to a disagreement with the disparity the Guidelines create? Conclusion: In a per curiam opinion, the majority held that the ratio the United States Sentencing Commission Guidelines Manual uses for sentencing crack cocaine and powder cocaine convictions are not binding. Previous precedent had established that, not only may district courts vary from the Guidelines’ ratio based on a case-specific determination, but they may also do so based on a policy disagreement with the Guidelines and the disparity between sentences for crack and powder cocaine that the ratio in question creates. Therefore, the Court held that the district court did not err is using a 20:1 ratio rather than an 100:1 ratio in this case. Justice Anthony M. Kennedy would have set the case for oral argument. Justice Clarence Thomas dissented without writing an opinion. Justice John G. Roberts, Jr. wrote a dissent arguing that it is not the role of the Court to determine if the appellate courts are correctly following protocol. He wrote that the U.S. Court of Appeals for the Eighth Circuit should have been given more time to rule in Spears’ case rather than having the case be decided by the Supreme Court. Justice Samuel A. Alito, Jr. joined the dissent.