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Eleventh Circuit panel splits over whether Kimbrough now allows consideration of fast-track disparity

By Douglas A. Berman

A split decision today from the Eleventh Circuit in US v. Vega-Castillo, No. 07-12141 (11th Cir. Aug. 19, 2008) (available here), spotlights an important post-Kimbrough issue that arguably has already created a circuit split.  The first two paragraphs of the majority's per curiam opinion sets up the issue effectively:Appellant Victor Gonzalo Vega-Castillo appeals his 70-month sentence following a plea of guilty to reentering the United States illegally after having been deported or removed, in violation of 8 U.S.C. § 1326(a)(1), (b)(2).  Before the district court imposed his sentence, Vega-Castillo asked the district court to vary downward from his applicable sentencing range of 70 to 87 months imprisonment based on the fact that the district in which he was indicted on the present charge ? the Northern District of Georgia ? did not employ an early disposition program, and this resulted in an unwarranted sentencing disparity that should be considered pursuant to 18 U...continue to full post

Full post as published by Sentencing Law and Policy on August 19, 2008 (boomark / email).