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05-3487 - United States v. Trotter, Maurice

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05-3487 - United States v. Trotter, Maurice
March 3, 2008
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[9552192] Opinion on Remand from the United States Supreme Court; Remanded for the district court to clarify why it rejected Defendant's request for a variance based on the crack/powder disparity. If it rejected this request based on a belief that it did not have discretion to specifically consider whether the disparity resulted in a disproportionately harsh sentence, the court is to conduct resentencing in light of Kimbrough; Terminated on the merits after oral hearing; Written, signed, published; Judges Murphy, McKay, authoring and Gorsuch. Mandate to issue.