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05-3488 - United States v. Trotter, Mardell


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05-3488 - United States v. Trotter, Mardell
March 3, 2008
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[9552311] Order 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 his request based on a belief that it did not have discretion to specifically consider whether the dipsarity 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 Terminated on the merits after oral hearing; Written, signed, unpublished. Judges Murphy, McKay, authoring, and Gorsuch.