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A ban would leave Burton unavailable for the Carling Cup game at Millmoor, which will be the Jamaican striker's first return to the club since his controversial exit in January 2006 where he reportedly failed to turn up for a game without a genuine reason in order to seal his move to Hillsborough.
The former Portsmouth and Derby man was signed by Mick Harford in 2005 and despite a successful start for the club, where he scored 14 goals in 26 starts, Burton lasted only six months at Rotherham before being sold to the Owls for a six figure sum.
Should Burton receive a ban it is thought that Brian Laws will contest it as Burton's absence could leave Wednesday short in numbers up front following the summer exit of Steve McLean and the failure to bring anyone else in.