The start of the majority opinion in Kimbrough

Here is how the Kimbrough decision’s majority opinion authored by Justice Ginsburg gets started:

We hold that, under Booker, the cocaine Guidelines, like all other Guidelines, are advisory only, and that the Court of Appeals erred in holding the crack/powder disparity effectively mandatory. A district judge must include the Guidelines range in the array of factors warranting consideration.  The judge may determine, however, that, in the particular case, a within- Guidelines sentence is “greater than necessary” to serve the objectives of sentencing. 18 U. S. C. §3553(a) (2000 ed. and Supp. V).  In making that determination, the judge may consider the disparity between the Guidelines’ treatment of crack and powder cocaine offenses.

Discuss.