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August 14, 2008

Circuits continue to remand Kimbrough-impacted crack cases

While district courts are sorting through issues surrounding retroactive application of the Sentencing Commission reduced crack sentencing guidelines (background here), the circuit courts continue to sorting through crack sentencing cases impacted by the Supreme Court's decision in Kimbrough.  Coincidentally, two circuits have published rulings today that order remands for resentencing based on Kimbrough:

  • From the Second Circuit, US v. Keller, No. 07-3330 (2d Cir. Aug. 14, 2008) (available here)
  • From the Eighth Circuit, US v. Davis, No. 07-3650 (8th Cir. Aug. 14, 2008) (available here)

The Seventh Circuit also deals with these issues today in US v. Clanton, No. 07-1773 (7th Cir. Aug. 14, 2008) (available here), but it only remands two of the three cases considered in a consolidated appeal.  Then again, as all Meat Loaf fans know, two out of three ain't bad.

Any lawyer with a crack sentence appeal, in these circuits or in others, will want to check out all these rulings.

August 14, 2008 at 02:58 PM | Permalink

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