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First Circuit blesses a variance based on fast-track disparity

By Douglas A. Berman

Thanks to this post at AL&P, I see that while I was hanging with the Sixth Circuit today, the First Circuit issued a very significant post-Gall/Kimbrough decision in US v. Rodriguez, No. 06-2656 (1st Cir. June 4, 2008) (available here).  In Rodriguez, the First Circuit abrogates an earlier ruling in which a  panel had "held that sentencing disparity attributable to the selective inauguration of so-called 'fast-track' programs for the processing of immigration crimes could not form the basis for a variant sentence." In other words, based on the Kimbrough ruling, the First Circuit now says a district court has authority (but not an obligation) to vary based on concerns about fast-track disparity.  Here is a lengthy chunk of the First Circuit important work in Rodriguez:Several considerations lead us to conclude that, when viewed through the prism of Kimbrough, the appellant's argument has merit...continue to full post

Full post as published by Sentencing Law and Policy on June 04, 2008 (boomark / email).