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Third Circuit approves of fast-track variances based on Kimbrough

By Douglas A. Berman

In what looks to be a long and thoughtful opinion, the Third Circuit today in US v. Arrelucea-Zamudio, No. 08-4397 (3d Cir. Sept. 14, 2009) (available here), has ruled that federal sentencing judges in non-fast-track districts can grant fast-track variances. Here is the start of today's must-read federal sentencing opinion: In certain federal judicial districts, ?fast-track? programs allow qualifying immigrant defendants to plead guilty while waiving, among other things, their appellate and post-conviction rights.  In turn, the Government agrees to request a departure from the relevant Sentencing Guidelines range.  None of the districts in the Third Circuit is a fast-track district. Pedro Manuel Arrelucea-Zamudio (?Arrelucea?) pled guilty to illegal reentry into the United States, in violation of 8 U...continue to full post

Full post as published by Sentencing Law and Policy on September 14, 2009 (boomark / email).