United States First Circuit

Sentencing courts have discretion to consider items such as fast-track disparity in considering requests for variant sentences premised on disagreements with the manner in which the sentencing guidelines operate, however, they are not obligated to deviate from the guidelines based on those items. Similarly, a district court can make its own independent determination as to whether or not a sentence tainted by the alleged disparity is nonetheless consistent with the section 3553(a) sentencing factors.

Appellate Information

• Decided 06/04/2008
• Published 06/04/2008

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, Circuit Judge, BALDOCK, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Alexander Zeno, for appellant.


• For Appellees:
  
• Thomas F. Klumper, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief, for appellee.