October 1, 2008 - Sentence Reduced From 235 Months to 100 Months

October 1, 2008, District Judge reduces client James Stratton's sentence at Kimbrough resentencing from 235 months to 100 months.  This resentencing came about after a second resentencing appeal by Mr. Kent in which Mr. Kent raised a Kimbrough issue before Kimbrough had been decided. The 11th Circuit initially denied relief based on widespread circuit precedent that district courts were without authority to consider the crack/powder ratio disparity even under Booker. Mr. Kent then petitioned the Supreme Court for certiorari - all before Kimbrough was decided - certiorari was granted in light of the subsequent intervening Kimbrough decision, and the case was remanded. The Government continued to oppose remand for resentencing at the 11th Circuit even after the Supreme Court remanded the case, but the 11th Circuit ordered resentencing. At the resentencing the Government argued against any reduction in sentence in excess of that permitted by Amendment 706 (only two levels), but Mr. Kent argued for a 1:1 ratio sentence and the district court reduced the sentence to a level close to the 1:1 ratio, reducing the sentence approximately 10 levels.