US v. Derrick Green, No. 10-4045 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-4045 UNITED STATES OF AMERICA, Plaintiff Appellee, v. DERRICK CHARLES GREEN, Defendant Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:09-cr-00092-H-1) Submitted: November 5, 2010 Decided: December 10, 2010 Before NIEMEYER, DAVIS, and KEENAN, Circuit Judges. Vacated and remanded by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Anne M. Hayes, Jennifer P. May-Parker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Derrick Charles Green appeals the sixty-month sentence imposed following his guilty plea to possession of fifty grams or more of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) (2006). the district failing to court procedurally recognize powder-cocaine On appeal, Green contends that its sentencing erred authority in to disparity. sentencing reject The the him by crack-to- Government concurs. After carefully reviewing the record, we agree that the court procedurally further erred, proceedings vacate in Green s light of sentence, Spears and v. remand United for States, 129 S. Ct. 840, 843-44 (2009) ( [D]istrict courts are entitled to reject Guidelines and vary based Guidelines. ). We on categorically a policy dispense with from the disagreement oral argument crack-cocaine with those because the issues are adequately presented before the court and argument would not aid the decisional process. VACATED AND REMANDED 2

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