More on Crack v. Powder from the Eleventh Circuit
Continuing to troll the waters post-Kimbrough, the Eleventh Circuit reconsidered its earlier rejection of the defendant’s crack v. powder claim in U.S. v. Stratton, No.06-10080 (Eleventh Cir. Mar. 13, 2008). The Eleventh Circuit stated that it was reconsidering its earlier rejection of Stratton’s claim that the crack/powder sentencing disparity may be a factor in determining reasonableness. The case was remanded to the district court for the limited purpose of permitting the district court to consider the 3553 factors in light of Kimbrough. There is some hope for sentencing sanity in crack cases.
