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March 13, 2008

Notable Kimbrough remand from the Eleventh Circuit

Anyone trying to track the aftermath of the Supreme Court's ruling in Kimbrough will want to give a close look to the Eleventh Circuit's work today in US v. Stratton, No. 06-10080 (11th Cir. Mar. 13, 2008) (available here).  Here are excerpts:

[W]e reconsider our previous opinion to the extent it rejected Stratton’s claim that the crack/powder sentencing disparity may be a factor in determining a reasonable sentence....  [We do so in part because] this is a case where the district court rejected Stratton’s claim that the court had authority to consider the crack/powder disparity as a sentencing factor and a basis for a sentence reduction. And this is not a case where the district court indicated that it would enter the same sentence even if the court had authority to consider the crack/powder disparity as a sentencing factor....

Therefore, we remand this case to the district court for the limited purpose of resentencing Stratton in light of Kimbrough.  We do not suggest on remand that the district court must impose any particular sentence or that the district court is not free to impose the same sentence after considering the § 3553(a) factors.  Furthermore, as this is a limited remand to permit the district court to reconsider the § 3553(a) factors in light of the Supreme Court’s holding in Kimbrough, Stratton may not re-argue other issues already decided or necessarily decided during his two prior sentencings that either were affirmed on direct appeal or could have been, but were not, raised by him during his direct appeals.... However, the district court may, if it wishes to do so, combine this resentencing proceeding on remand with any additional proceeding the district court may determine is appropriate in light of the retroactive application of Amendment 706 to the crack-cocaine guidelines effective March 3, 2008.

March 13, 2008 at 11:27 AM | Permalink

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