Derrick Kimbrough, a veteran of the first Gulf War, received a 15 year prison term for selling both types of cocaine.

Federal guidelines mandated a harsher sentence of 19 to 22 years as crack was involved, but presiding district judge Raymond A. Jackson refused to apply the longer sentence as it was 'ridiculous.'

The laws on crack were drafted in 1986 in response to the violent crimes being committed by addicts.

But many have been saying for years that the lesser penalties for dealing powder have created an unfair disparity that means blacks get worse treatment than whites.

Dealing 5 grams of crack cocaine carries a mandatory five year prison sentence -- it takes 500 grams of powder cocaine before the same sentence applies

The case has now gone before the Supreme Court, which appears to be backing the district judge's discretion to apply sentences as he sees fit -- to the chagrin of the Federal government.

Justice Antonin Scalia asked Deputy Solicitor General Michael R. Dreeben: "What if the district judge simply disagrees with the guidelines?"

"How could you possibly say that's unreasonable?"

Dreeben's response was that there was a world of difference between deviating from guidelines and 'judges doing whatever they want.'

"You're just blowing smoke," replied Scalia.

The case continues.