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).
Read US v. Arrelucea-Zamudio, No. 08-4397
Appellate Information
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
Judges
Before: Sloviter, Ambro and Jordan, Circuit Judges
Opinion by Ambro, Circuit Judge
Counsel
Counsel for Appellant: Maggie F. Moy
Counsel for Appellee: Ralph J. Marra, Jr., George S. Leone, Jennifer H. Chin, Caroline A. Sadlowski
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