United States Sixth Circuit

In a conviction of a Mexican citizen for unlawful reentry into the U.S. after deportation, district court's imposition of a fifty-seven months' imprisonment is vacated and remanded because defendant was sentenced before Kimbrough v. U.S. and because Kimbrough permits district court judges to impose a variance based on disagreement with the disparities created by the existence of "fast track" early-disposition programs for illegal-reentry cases in other jurisdictions.

Appellate Information

• Decided 07/16/2010
• Published 07/16/2010

Judges

• MOORE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Edwin A. Perry, Stephen P. Hall