Tuesday, October 30, 2007
Denial of Rehearing En Banc in United States v. Ricks
The Third Circuit recently denied the petition for rehearing en banc in United States v. Marc Ricks, No. 05-4833 (denial filed October 22, 2007), the recent case in which the Court vacated the sentences of two brothers because the district court, in setting their sentences, disagreed with the advisory Sentencing Guidelines regarding the crack/powder differential. Judge Ambro dissented, calling Ricks contrary to Rita and Gunter. Of course, as Judge Ambro notes, "the Supreme Court is on the cusp of deciding the very issue Ricks presents – the effect of the crack/powder cocaine differential in sentencing under a now-advisory scheme," in Kimbrough v. United States, which was argued earlier this month.