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Criminal Law

: Defense Newsletter Blog

Stratton: Kimbrough remand

By Tim Cone

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In U.S. v. Stratton, No. 06-10080 (March 13, 2008), the Court remanded a case for resentencing on Kimbrough grounds. The Court noted that the defendant had preserved the Kimbrough issue by challenging the crack/powder disparity in his appeal. Further, the district court at sentencing specifically rejected Stratton?s argument that it had the authority to consider the crack/powder disparity as a basis for a sentence reduction.

Full post as published by Defense Newsletter Blog on March 14, 2008 (boomark / email).

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