United States Second Circuit

Sentence calculation for entering the United States after having been lawfully deported following a conviction of an aggravated felony is affirmed over claims that: 1) the existence of "fast-track-programs" in some districts but not others not only created unwarranted disparities but also violated the parsimony provision of 18 U.S.C. section 3553(a); and 2) the sentencing court placed too much weight on the Guidelines, to the exclusion of other section 3553(a) factors.

Appellate Information

• Decided 04/09/2008
• Published 04/09/2008

Judges

• PER CURIAM:, Before: LEVAL, CALABRESI, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Katherine Polk Failla, Assistant United States Attorney, for Michael J. Garcia, United States Attorney for the Southern District of New York (Joseph P. Facciponti, of counsel), New York, N.Y., for Appellee., Yuanchung Lee, Federal Defenders of New York, Inc. Appeals Bureau, New York, N.Y., for Defendant-Appellant.