United States Eleventh Circuit

Sentence of 70 months for reentering the United States illegally after having been deported or removed is affirmed over claims of error that prior precedent, which "does not require the district court to depart based on the availability of the [fast-track] departure", was overruled by Kimbrough.

Appellate Information

• Decided 08/19/2008
• Published 08/19/2008

Judges

• PER CURIAM:, Before DUBINA and BARKETT, Circuit Judges, and SCHLESINGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Chet Kaufman and Randolph P. Murrell, Fed. Pub. Defenders, Tallahassee, FL, for Vega-Castillo., Terry Flynn, E. Bryan Wilson, U.S. Atty., Tallahassee, FL, for U.S.