Acknowledgement of receipt (02/12/08) of judgment from Clerk, United States Court of Appeals for the Fourth 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 Gall v. United States, 552 U. S. ___ (2007). (orders list)

DISTRIBUTED for Conference of January 4, 2008.

Reply of petitioner Kenneth Wayne Sharpe filed. (Distributed)

Memorandum of respondent United States in opposition filed.

Order extending time to file response to petition to and including December 3, 2007.

Response Requested . (Due November 2, 2007)

DISTRIBUTED for Conference of October 12, 2007.

Waiver of right of respondent United States to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2007)

Kenneth Wayne Sharpe, Petitioner, represented by Thomas N. Cochran

United States, Respondent, represented by Paul D. Clement