Acknowledgement of receipt (02/12/08) of judgment from Clerk, United States Court of Appeals for the Eighth 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.

Memorandum of respondent United States filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2007)

Scott Kimrey Goldsmith, Petitioner, represented by Douglas B. Altman

United States, Respondent, represented by Paul D. Clement