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US v. Reyes-Hernandez, 09-1249

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By FindLaw Staff on October 07, 2010 2:59 PM

Defendants' Sentences Vacated and Remanded for Consideration of the Absence of a Fast-track Program

US v. Reyes-Hernandez, 09-1249, involved challenges to the convictions of defendants for illegally re-entering the United States after being removed following their convictions for aggravated felony crimes, in a consolidated appeal.

 

In vacating the district court's refusal to consider imposing below-guidelines sentences and thereby refuting defendants' claims that they should receive lesser sentences based on comparisons to sentences imposed on similarly situated individuals prosecuted in "fast-track" districts, the court remanded the cases as, section 5K3.1 should be treated as any other guideline, thereby affording district court judges the ability to consider the absence of a fast-track program in crafting an individual sentence.

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