Eleventh Circuit Court of Appeals - Published Opinions
Friday, March 14, 2008
Stratton: Kimbrough remand
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.