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Remand for Clarification in Crack Case

By Shari Allison

U.S. v. Trotter, -- F.3d --, 2008 WL 555699 (10th Cir. 3/3/08) - after granting the cert petition, vacation and remand by the Supreme Court in the wake of Kimbrough, the Tenth Circuit remands this case to the district court for clarification of why it rejected defendant's request for a variance based on the crack/powder disparity. If the court believed it did not have discretion to consider whether the disparity produced too harsh a sentence, the district court must re-sentence.

Full post as published by Tenth Circuit Blog on March 05, 2008 (boomark / email).