opinion: Per Curiam.
  James Eric Moore was convicted of one count of possessing cocaine base with intent to distribute, a violation of 21 U. S. C. §§ 841(a)(1) and (b)(1). Given the quantity of crack cocaine, the presentence report calculated that Moore’s sentencing range under the United States Sentencing Guidelines was 151 to 188 months. At sentencing, Moore asked the District Court to impose a below-Guidelines sentence in light of our decision in United States v. Booker, 543 U. S. 220 (2005), and the Guidelines’ disparate treatment of similar amounts of crack and powder cocaine.
  The District Court refused, saying:
  “With regard to the crack and powder cocaine difference, that is the law. Pm applying the law as it currently stands. If that is going to be changed, that is a congressional matter. Congress is the one who looks at the guidelines and decides whether or not they should be put in — in force.... It isn’t the judges. It’s the lawmakers, and I have taken an oath to apply the law, and that’s what I will do in this sentencing.” App. D to Pet. for Cert. 55-56.
  The District Court sentenced Moore to 188 months of imprisonment and six years of supervised release.
  Moore appealed, and the United States Court of Appeals for the Eighth Circuit affirmed his conviction and sentence. United States v. Moore, 470 F. 3d 767 (2006). In response to his claim that the District Court should have considered the crack/powder disparity, the Court of Appeals held that “the district court was correct in concluding that ‘neither Booker nor [18 U. S. C.] § 3553(a) authorizes district courts to reject’ the powder cocaine to crack cocaine quantity ratio mandated by Congress and reflected in the Guidelines.” Id., at 770 (quoting United States v. Spears, 469 F. 3d 1166, 1176 (CA8 2006) (en banc)). Moore filed a petition for certiorari with this Court. Pet. for Cert. in Moore v. United States, O. T. 2007, No. 06-9749.
  While Moore’s certiorari petition was pending, this Court issued its opinion in Kimbrough v. United States, 552 U. S. 85 (2007), concluding that a judge “may consider the disparity between the Guidelines’ treatment of crack and powder cocaine offenses” when applying 18 U. S. C. § 3553(a), “even in a mine-run case.” 552 U. S., at 91, 110. We granted Moore’s petition, vacated the judgment, and remanded the case to the Eighth Circuit for further consideration in light of Kimbrough. Moore v. United States, 552 U. S. 1090 (2008).
  On remand, without new briefing, the Eighth Circuit affirmed again. 518 F. 3d 577 (2008). This time, the Court of Appeals concluded that “[a]s there was then no circuit authority to the contrary, we presume the district court was aware that Booker granted it discretion to vary downward based upon the impact of the crack cocaine guidelines on this defendant, but elected not to exercise that discretion.” Id., at 580.
  Proceeding pro se, Moore again petitioned for certiorari, arguing that the Eighth Circuit’s new characterization of the transcript is wrong, and that it is “clear that the district court thought judges had no discre[t]ion to reject” the Guidelines ratio. Pet. for Cert. 7. The United States agrees that the Eighth Circuit erred, see Brief for United States 9, and so do we.
  When the District Court said that “[i]t isn’t the judges” but Congress that “looks at the [Guidelines and decides whether or not they should be put ... in force,” the court showed that it did not think it had the discretion later upheld by Kimbrough. App. D to Pet. for Cert. 56. The Eighth Circuit’s first decision recognized this, describing the District Court as “concluding” (correctly under Circuit precedent) that it was not “authorized] ... to reject” the crack/ powder disparity. Moore, supra, at 770 (internal quotation marks omitted). In light of the District Court’s comments at sentencing, the Court of Appeals should have remanded the case to the District Court for resentencing under Kimbrough. We express no views on how the District Court should exercise its discretion at resentencing.
  The petition for certiorari and the motion for leave to proceed in forma pauperis are granted. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
  It is so ordered.
instruction: What follows is an opinion from the Supreme Court of the United States. Your task is to determine the ideological "direction" of the decision ("liberal", "conservative", or "unspecifiable"). Use "unspecifiable" if the issue does not lend itself to a liberal or conservative description (e.g., a boundary dispute between two states, real property, wills and estates), or because no convention exists as to which is the liberal side and which is the conservative side (e.g., the legislative veto). Specification of the ideological direction comports with conventional usage. In the context of issues pertaining to criminal procedure, civil rights, First Amendment, due process, privacy, and attorneys, consider liberal to be pro-person accused or convicted of crime, or denied a jury trial, pro-civil liberties or civil rights claimant, especially those exercising less protected civil rights (e.g., homosexuality), pro-child or juvenile, pro-indigent pro-Indian, pro-affirmative action, pro-neutrality in establishment clause cases, pro-female in abortion, pro-underdog, anti-slavery, incorporation of foreign territories anti-government in the context of due process, except for takings clause cases where a pro-government, anti-owner vote is considered liberal except in criminal forfeiture cases or those where the taking is pro-business violation of due process by exercising jurisdiction over nonresident, pro-attorney or governmental official in non-liability cases, pro-accountability and/or anti-corruption in campaign spending pro-privacy vis-a-vis the 1st Amendment where the privacy invaded is that of mental incompetents, pro-disclosure in Freedom of Information Act issues except for employment and student records. In the context of issues pertaining to unions and economic activity, consider liberal to be pro-union except in union antitrust where liberal = pro-competition, pro-government, anti-business anti-employer, pro-competition, pro-injured person, pro-indigent, pro-small business vis-a-vis large business pro-state/anti-business in state tax cases, pro-debtor, pro-bankrupt, pro-Indian, pro-environmental protection, pro-economic underdog pro-consumer, pro-accountability in governmental corruption, pro-original grantee, purchaser, or occupant in state and territorial land claims anti-union member or employee vis-a-vis union, anti-union in union antitrust, anti-union in union or closed shop, pro-trial in arbitration. In the context of issues pertaining to judicial power, consider liberal to be pro-exercise of judicial power, pro-judicial "activism", pro-judicial review of administrative action. In the context of issues pertaining to federalism, consider liberal to be pro-federal power, pro-executive power in executive/congressional disputes, anti-state. In the context of issues pertaining to federal taxation, consider liberal to be pro-United States and conservative pro-taxpayer. In miscellaneous, consider conservative the incorporation of foreign territories and executive authority vis-a-vis congress or the states or judcial authority vis-a-vis state or federal legislative authority, and consider liberal legislative veto. In interstate relations and private law issues, consider unspecifiable in all cases.