In Kimbrough v. U.S. (2007) 552 U.S. 85, the United States Supreme Court held that a former requirement in the United States Sentencing Guidelines to treat every gram of cocaine base as 100 grams of powder cocaine was not mandatory, but merely advisory in light of the court's decision in United States v. Booker (2005) 543 U.S. 220, 244. (Kimbrough, supra, 128 S.Ct. at p. 564.) In reaching this decision, the high court did not address the general propriety of harsher sentences for cocaine base offenses or the specific propriety of the 100-to-1 ratio. Although the court discussed the history of 100-to-1 ratio and noted the Commission has recommended Congress reduce the ratio, the court also noted that the Commission does not advocate identical treatment of cocaine base and powder cocaine offenses. Instead, the Commission recognizes some difference in penalties is warranted because cocaine base is more problematic than other forms of cocaine. (Kimbrough, supra, at pp. 568-569)