United States Fifth Circuit

A sentence for illegal reentry following removal is affirmed over a primary claim that Kimbrough v. US, 128 S.Ct. 558 (2007), requires his sentence be vacated and remanded for resentencing. It would be an abuse of discretion for a district court to deviate from the U.S.S.G. on the basis of sentencing disparity, resulting from fast track programs, that was intended by Congress.

Appellate Information

• Decided 04/03/2008
• Published 04/04/2008

Judges

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

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Susan B. Cowger, Dallas, TX, for U.S.


• For Appellees:
  
• Kevin Joel Page, Jason Douglas Hawkins, Dallas, TX, for Defendant-Appellant.