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Split Sixth Circuit expressly holds that fast-track disparity is proper basis for variance

By Douglas A. Berman

In an important ruling in favor of broad post-Booker sentencing discretion, a split Sixth Circuit panel today in US v. Camacho-Arellano, No. 07-5427 (6th Cir. July 16, 2010) (available here), holds that fast-track dispartiy provides a sound basis for a district court to vary from the immigration sentencing guidelines. Here is the start of the majority opinion in Camacho-Arellano: Isidro Camacho-Arellano, a Mexican citizen, pleaded guilty to unlawful reentry into the United States after deportation and was sentenced to fifty-seven months of incarceration.  Camacho-Arellano seeks a remand for the district judge to consider whether to impose a lower sentence based on the disparities created by the existence of ?fast-track? early-disposition programs for illegal-reentry cases in other jurisdictions...continue to full post

Full post as published by Sentencing Law and Policy on July 16, 2010 (boomark / email).