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United States v. Thomas

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Submitted: April 22, 2008

Before BYE, COLLOTON, and BENTON, Circuit Judges.

Craig Allen Thomas appeals his conviction for possessing with intent to distribute fifty grams or more of crack cocaine as well as the 250-month sentence he received. We initially affirmed Thomas’s conviction and sentence. Thomas filed a petition for writ of certiorari with the Supreme Court which was granted; the Supreme Court vacated our judgment and remanded the case to us for further consideration because of Kimbrough v. United States, 552 U.S. ___, 128 S.Ct. 558 (2007). As a result we vacated our original opinion and requested the parties to submit supplemental briefs addressing Kimbrough. After considering the supplemental briefing, we again affirm Thomas’s conviction, but reverse and remand for resentencing.

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