United States Fourth Circuit

The U.S.'s appeal of a downward-departure sentence for illegal re-entry is vacated and remanded where: 1) disparities between the reduced sentences of those sentenced under fast-track programs along the U.S.-Mexico border and the sentences of those in non-fast-track jurisdictions were explicitly authorized by Congress and not "unwarranted" under Booker; and 2) defendant's prior criminal conviction rendered the sentence unreasonable.

Appellate Information

• Argued 05/26/2006
• Decided 06/30/2006
• Published 06/30/2006

Judges

• Before WILKINS, Chief Judge, SHEDD, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Eric David Goulian, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant.  George Alan DuBois, Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant.  Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellee.