powder and a ten-year minimum sentence for trafficking 50 grams of cocaine base or 5,000 grams of cocaine powder. However, as observed by the Supreme Court, unlike the sentencing guidelines as a whole, the Commission “did not use [an] empirical approach in developing the Guidelines sentences for drug-trafficking offenses.” Kimbrough v. United States, 552 U.S. 85, 96, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007). As Judge Myron Bright stated, “[t]his lack of an empirical approach to the creation of guidelines for crack cocaine counsels against according controlling, or even significant, weight to the guidelines.” United States v. Brewer, 624 F.3d 900, 912 (8th Cir.2010) (Judge Bright, concurring in part and dissenting in part) (citing United States v. Dorvee, 616 F.3d 174, 187-88 (2d Cir.2010) (<HOLDING>)). See also Global Commission on Drug Policy,
holding that deference to the guidelines depends on the thoroughness of the commissions analysis and the validity of its reasoning holding that the district court was entitled to deference in its application of  4b12 of the sentencing guidelines in a case where the underlying facts were undisputed holding that there is no acrosstheboard prescription regarding the appropriate deference to give the guidelines but that a district court may have good reason to follow the guidelines in a particular case holding that a predominance finding depends on a courts choice of law analysis holding that the burden is on the defendant when the validity of the warrant is challenged