No. 06-1420
In the Supreme Court of the United States
LARRY K. MILLER, PETITIONER
v.
UNITED STATES OF AMERICA
ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
MEMORANDUM FOR THE UNITED STATES
PAUL D. CLEMENT
Solicitor General
Counsel of Record
Department of Justice
Washington, D.C. 20530-0001
(202) 514-2217
In the Supreme Court of the United States
No. 06-1420
LARRY K. MILLER, PETITIONER
v.
UNITED STATES OF AMERICA
ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
MEMORANDUM FOR THE UNITED STATES
Petitioner contends that the procedures applied in the determination of his sentence are not in accordance with United States v. Booker, 543 U.S. 220 (2005). On November 3, 2006, this Court granted certiorari in Claiborne v. United States, No. 06-5618, and Rita v. United States, No. 06-5754, to address various aspects of sentencing procedure under Booker. Because the proper disposition of the petition for a writ of certiorari may be affected by the Court's resolution of Claiborne and Rita, the petition should be held pending the deci sions in those cases, and then disposed of as appropriate in light of those decisions.1
Respectfully submitted.
PAUL D. CLEMENT
Solicitor General
MAY 2007
1 The government waives any further response to the petition unless this Court requests otherwise.
