United States Fifth Circuit

Defendant's sentence for illegal reentry following removal is affirmed over claims that: 1) the district court committed Fanfan error by sentencing him within a framework that limited its ability to vary from the Guidelines; 2) the district court erred in treating a prior drug conviction as a drug-trafficking offense under U.S.S.G. section 2L1.2; 3) the sentence was unreasonable; and 4) the sentence violated his equal protection rights because he did not have the benefit of a fast-track program.

Appellate Information

• Decided 04/01/2008
• Published 04/02/2008

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Charles William Brown, Dallas, TX, for Plaintiff-Appellee., Kevin Joel Page, Jason Douglas Hawkins, Dallas, TX, for Defendant-Appellant.