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 4, 2008.

DISTRIBUTED for Conference of October 26, 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 October 15, 2007)

Hector Rios, Petitioner, pro se

United States, Respondent, represented by Paul D. Clement