United States Third Circuit

District court's sentence of defendant convicted of illegal reentry into the United States is vacated and remanded where it is within the discretion of a district court to consider a variance on the basis of disparity created by lower immigration sentences in fast-track jurisdictions in light of Kimbrough v. U.S., 552 U.S. 85 (2007).

Appellate Information

• Argued 07/09/2009
• Decided 09/14/2009
• Published 09/14/2009

Judges

• Before: SLOVITER, AMBRO, and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Maggie F. Moy, Esquire (Argued), Office of Federal Public Defender, Camden, NJ, for Appellant.


• For Appellees:
  
• Ralph J. Marra, Jr., Acting United States Attorney, George S. Leone, Chief, Appeals Division, Jennifer H. Chin (Argued), Assistant U.S. Attorney, Caroline A. Sadlowski, Esquire, Office of United States Attorney, Newark, NJ, for Appellee.