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RECENT APPELLATE, POST-CONVICTION AND SENTENCING NEWS FROM OUR CASES

January 7, 2008 - United States Supreme Court Granted Certiorari and Vacated Conviction

January 7, 2008, the United States Supreme Court granted certiorari, and vacated the judgment and conviction of Mr. Kent's client, Joseph Stratton, for further consideration in light of Kimbrough v. United States, which held that a district court was free to disregard the 100:1 crack to powder guideline ratio.  Unlike persons who simply file a 3582 motion under the new crack guideline amendment, Mr. Stratton will now be entitled to a de novo resentencing and may have his sentence reduced more than the two levels under the new guideline.   Mr. Kent was one of the first attorneys to challenge the 100:1 ratio restriction on Booker grounds at the Supreme Court and had filed his petition for Mr. Stratton before certiorari was granted on Kimbrough.   

Ryan McFarland