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11 Mar 2008, 8:46 am
Regalado, No. 05-5739 Sentence based on guilty plea to conspiring to distribute and possess with intent to distribute cocaine base is vacated as it is unclear in light of Kimbrough v. [read post]
13 May 2008, 1:35 pm
Regalado, No. 05-5739 Sentence for conspiring to distribute and possess with intent to distribute cocaine base is remanded where: 1) in light of the holding in Kimbrough, it was unclear whether the district court would have imposed a non-Guidelines sentence had it been aware of the Guidelines' advisory nature, and that it had the discretion to deviate from the Guidelines; and 2) the absence of that information precluded a review for plain error. [read post]