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Criminal Law

: Tenth Circuit Blog

Remand Based on Kimbrough

By Shari Allison

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U.S. v. Santillanes, 2008 WL 1790381 (4/21/08) (unpub'd) - The 10th remands in light of Kimbrough. The district court mistakenly believed it had no power to grant the defendant's variance motion, which asserted that the disparity between mixed and actual methamphetamine in the Guidelines produced a sentence greater than necessary under § 3553(a).

Full post as published by Tenth Circuit Blog on April 29, 2008 (boomark / email).

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