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: Fifth Circuit Blog

Sixth Circuit Approves of Variances Based on Fast-Track Disparity, Brining Circuit Split On Issue to 3-3

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If you handle illegal reentry cases, you're well aware of the circuit split over whether a court in a non-fast-track district may vary from the advisory Guidelines range to temper the disparity caused by the availability of such programs elsewhere. The Fifth, Ninth, and Eleventh Circuits have said no. The First and Third have said yes. Professor Berman now reports that the Sixth Circuit, with

Full post as published by Fifth Circuit Blog on July 16, 2010 (boomark / email).

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