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: Fifth Circuit Blog

Third Circuit Weighs In On Circuit Split Over Fast-Track Variances; Disagrees With Fifth

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For over a year now, there has been a circuit split over whether a district court may vary from the advisory Guidelines range due to georgraphic disparities created by the availability of fast-track departures in some districts, but not others. Our own circuit, in United States v. Gomez-Herrera, has held that not only are district courts not required to consider sentencing disparities created

Full post as published by Fifth Circuit Blog on September 17, 2009 (boomark / email).

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Third Circuit approves of fast-track variances based on Kimbrough

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

Ninth Circuit rejects variance based on fast-track disparity

Sentencing courts have discretion to consider fast-track disparity as a basis for a downward variance

First Circuit blesses a variance based on fast-track disparity

The remaining circuit split over due process burden-of-proof requirements

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