Acknowledgement of receipt (02/19/08) of judgment from Clerk, United States Court of Appeals for the Sixth Circuit received.

JUDGMENT ISSUED.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Kimbrough v. United States, 552 U.S. ____ (2007). (orders list)

DISTRIBUTED for Conference of January 11, 2008.

DISTRIBUTED for Conference of January 4, 2008.

DISTRIBUTED for Conference of June 28, 2007.

DISTRIBUTED for Conference of June 7, 2007.

Memorandum of respondent United States filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2007)

Donald Gardner, Petitioner, represented by Paul L. Nelson

United States, Respondent, represented by Paul D. Clement