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Criminal Law Keyed to Osler
Spears v. United States
Citation:555 U.S. 261 (2009)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
During sentencing, the original range given was an offense level of 38- placing the defendant in category IV. This resulted in a sentencing guideline of 324 to 405 months of imprisonment, based on a 100:1 ratio between powder cocaine and crack cocaine quantities. District court determined that ration resulted in an excessive sentence and recalculated the offense with a 20:1 crack to powder ratio. The new calculation resulted in a offense level of 34 and a sentencing guideline of 210 to 262 months imprisonment. Defendant was sentenced to 240 months total. After being bounced around between the 8th Circuit and the Supreme Court, a longer sentence than was issued by the district court was appealed to the Supreme Court.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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