United States v. Ayers, No. 10-3069 (D.C. Cir. 2015)
Annotate this CaseDefendant received a 144-month sentence for possession with intent to distribute 50 grams or more of crack cocaine. At issue on appeal was whether a district court must consider the crack/powder disparity before deciding whether to assign concurrent or consecutive sentences to a defendant. The court concluded that, although the district court misinterpreted 18 U.S.C. 3584(a) as having embedded in it a presumption in favor of consecutive sentences for separate conduct and offenses, this error did not sufficiently affect the district court's exercise of its discretion to require remand and resentencing. The court rejected defendant's remaining arguments and affirmed the sentencing order.
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