Kimbrough v. United States

This article includes a list of references, related reading, or external links, but its sources remain unclear because it lacks inline citations. Please help improve this article by introducing more precise citations. (July 2019) (Learn how and when to remove this message)

Kimbrough v. United States
Supreme Court of the United States
Argued October 2, 2007 Decided December 10, 2007
Full case name	Derrick Kimbrough, Petitioner v. United States of America
Docket no.	06-6330
Citations	552 U.S. 85 (more) 128 S. Ct. 558; 169 L. Ed. 2d 481; 76 U.S.L.W. 4023; 07 Cal. Daily Op. Serv. 14,079; 2007 Daily Journal D.A.R. 18,164; 21 Fla. L. Weekly Fed. S 22
Holding
The Federal Sentencing Guidelines for cocaine are advisory only, and a judge may consider the disparity between the Guidelines' treatment of crack and powder cocaine offenses when "imposing a sentence sufficient, but not greater than necessary." United States v. Booker.
Court membership
Chief Justice John Roberts Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito
Case opinions
Majority	Ginsburg, joined by Roberts, Stevens, Scalia, Kennedy, Souter, Breyer
Concurrence	Scalia
Dissent	Thomas
Dissent	Alito
Laws applied
21 U.S.C. § 841; U.S.S.G. 2D1.1

Kimbrough v. United States, 552 U.S. 85 (2007), was a United States Supreme Court case in which the Court confirmed that federal district judges utilize, in an advisory (not as law) fashion, Federal Sentencing Guidelines, in cases involving conduct related to possession, distribution, and manufacture of crack cocaine.