United States Tenth Circuit

On remand from the Supreme Court, a sentence for distribution and possession of cocaine powder and crack cocaine as well as conspiracy to possess with intent to distribute those substances is remanded in light of Kimbrough v. US, 552 U.S. ____, 128 S. Ct. 558 (2007), for the district court to clarify why it rejected defendant's request for a variance based on the crack/powder punishment disparity.

Appellate Information

• Decided 03/03/2008
• Published 03/04/2008

Judges

• McKAY, Circuit Judge., Before MURPHY, McKAY, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jeffrey M. Brandt, Robinson & Brandt, P.S.C., Cincinnati, OH, for Defendant-Appellant Maurice Trotter., Matthew M. Robinson, Robinson & Brandt, P.S.C., Cincinnati, OH, for Defendant-Appellant Mardell Trotter., Terra D. Morehead, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with her on the brief), Kansas City, KS, for Plaintiff-Appellee.