UNITED STATES of America, Plaintiff-Appellee, v. Derrick Charles GREEN, Defendant-Appellant, 404 F. App'x 758

Vacated and remanded by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit.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). On appeal, Green contends that the district court procedurally erred in sentencing him by failing to recognize its authority to reject the craek-to-powdercocaine sentencing disparity. The Government concurs.

After carefully reviewing the record, we agree that the court procedurally erred, vacate Green’s sentence, and remand for further proceedings in light of Spears v. United States, 555 U.S. 261, 129 S.Ct. 840, 843-44, 172 L.Ed.2d 596 (2009) (“[District courts are entitled to reject and vary categorically from the crack-cocaine Guidelines based on a policy disagreement with those Guidelines.”). We dispense with oral argument because the issues are adequately presented before the court and argument would not aid the decisional process. VACATED AND REMANDED.