United States Seventh Circuit
US v. Reyes-Hernandez, 09-1249
In convictions of defendants for illegally re-entering the United States after being removed following their convictions for aggravated felony crimes, district court's refusal to consider imposing below-guidelines sentences and thereby refuting defendants' claims that they should receive lesser sentences based on comparisons to sentences imposed on similarly situated individuals prosecuted in "fast-track" districts is vacated and remanded as section 5K3.1 should be treated as any other guideline, thereby affording district court judges the ability to consider the absence of a fast-track program in crafting an individual sentence.
Appellate Information
- Argued 11/13/2009
- Decided 10/07/2010
- Published 10/07/2010
Judges
Court
- United States Seventh Circuit