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United States v. Collins

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ARGUED APRIL 1, 2010

Before EASTERBROOK, Chief Judge, and BAUER and HAMILTON, Circuit Judges.

A jury convicted appellant Keith Collins of possessing crack cocaine with intent to distribute it and of conspiring to do the same. Collins argues that the district court erroneously denied his motion to suppress the evidence against him, that evidence of his gun ownership and certain cocaine sales should not have been admitted against him at trial, and that the district court should have granted a mistrial. Also, when Collins was sentenced, the district court quite reasonably believed that it could not consider the disparity between the sentencing guidelines for crack cocaine and powder cocaine when imposing sentence. The parties agree that the Supreme Court’s decision in Kimbrough v. United States, 552 U.S. 85 (2007),requires a remand for resentencing. We affirm Collins’ convictions but remand his case to the district court for resentencing under Kimbrough.

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