District court's sentence of defendant convicted of illegal reentry into the United States is vacated and remanded where it is within the discretion of a district court to consider a variance on the basis of disparity created by lower immigration sentences in fast-track jurisdictions in light of Kimbrough v. U.S., 552 U.S. 85, 128 S.Ct. 558(2007).
On Appeal from the United States District Court for the District of New Jersey (D.C. Criminal Action No. 1-08-cr-00136-00136)
District Judge: Honorable Renee M. Bumb
Opinion Filed September 14, 2009
Counsel for Appellant: Maggie F. Moy
Counsel for Appellee: Ralph J. Marra, Jr., George S. Leone, Jennifer H. Chin, Caroline A. Sadlowski