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                        as a courtesy to the reader. They are not part of the opinion of the court.

063458P.pdf   02/07/2008  United States  v.  Robert Leon Roberson
   U.S. Court of Appeals Case No:  06-3458
                          and No:  06-3663
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Wollman, Author, with Hansen and Riley, Circuit Judges]
   Criminal Cases - sentencing. Sentences of 360 months imprisonment
   and 198 months imprisonment, based on 509 grams of crack cocaine, are
   vacated and remanded for resentencing. District court properly based
   sentence on 509 grams of crack cocaine and did not violate Sixth
   Amendment rights by basing sentences on drug quantities not found by
   jury. District court adequately considered section 3553(a) factors relating
   to both defendants and sentences were reasonable. In light of Kimbrough
   v. United States, district court is directed to consider the crack/powder
   disparity and sentences are vacated and remanded for further proceedings.