United States v. Thomas McGowan

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This case is before us on remand from the Supreme Court for reconsideration of our review of Thomas McGowan’s sentence in light of Kimbrough v. United States, 522 U.S. -, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007) . McGowan v. United States, — U.S. -, 128 S.Ct. 859, 169 L.Ed.2d 710 (2008) . We previously affirmed McGowan’s sentence for possession with intent to distribute five grams or more of cocaine base (crack cocaine), in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(B)(iii). United States v. McGowan, 211 Fed.Appx. 886 (11th Cir.2006). We…