Sentencing disparities created by fast-track programs are not “unwarranted” disparities prohibited by 18 U.S.C. § 3553(a)(6)

SENTENCING United States v. Martinez-Trujillo, No. 05-4122, ___ F.3d ___ (10th Cir. Nov. 20, 2006)(Utah). Appeal of sentence for illegal reentry to United States by previously deported alien in violation of 8 U.S.C. § 1326. HELD: Sentencing disparities caused by fast-track programs, where defendants in certain districts are granted downward departures in offense levels in exchange for pleading guilty, but defendant’s in non-fast-track districts do not receive such benefits, are not “unwarranted” disparities as prohibited by 18 U.S.C. § 3553(a)(6). Because Congress expressly approved fast-track programs when it enacted PROTECT Act of 2003, it necessarily decided that any sentencing disparities created by those programs do not create type of “unwarranted” sentencing disparities it prohibited when it enacted § 3553(a)(6). Read the opinion here.