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Notable Kimbrough remand from the Eleventh Circuit

By Douglas A. Berman

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...continue to full post

Full post as published by Sentencing Law and Policy on March 13, 2008 (boomark / email).