US v. Matos, No. 07-1459 holds that there was no plain error in failing to consider the unreasonableness of a guidelines crack sentence. However, post-Kimbrough v. United States, 128 S. Ct. 558 (2007), the First says that the defendant must “demonstrate a reasonable probability that he would have received a more lenient sentence had the district court considered the crack to powder cocaine disparity when sentencing Defendant.”
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