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 18 U.S.C. section 3553(a) sentencing factors.

Appellate Information

• Decided 06/04/2008
• Published 06/05/2008

Judges

• SELYA, Senior Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SELYA, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Vivianne M. Marrero-Torres, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, and Héctor L. Ramos-Vega, Assistant Federal Public Defender, were on brief, for appellant.


• For Appellees:
  
• Myriam Y. Fernández González, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, and Thomas K. Klumper, Assistant United States Attorney, were on brief, for appellee.