CURIAM: Adrian Davie pled guilty to possession with intent to distribute cocaine base and was sentenced to fifty-seven months of imprisonment. The district court rejected Davie’s request for a variance sentence based on the sentencing disparity between crack and powder cocaine under the Sentencing Guidelines, relying on then-binding precedent. See United States v. Eura, 440 F.3d 625, 632-34 (4th Cir.2006) (<HOLDING>), vacated, — U.S.-, 128 S.Ct. 853, — L.Ed.2d -
holding that 1001 ratio cannot be the basis of a variance holding variance between enhancement allegation and proof renders evidence legally insufficient only if variance is material holding that substantial downward variance was substantively unreasonable recognizing that evidence may be legally insufficient where there is variance between indictment allegations and proof holding that a defendants probation cannot be revoked solely on the basis of hearsay