Tuesday, March 06, 2007

Fast-Track vs. Non-Fast-Track Disparities Not Unreasonable; Sanchez-Juarez Further Limited

U.S. v. Jarrillo-Luna, -- F.3d --, 2007 WL 646145 (10th Cir. 3/5/07) - Continuing its backtracking from Sanchez-Juarez, the COA concludes the district court did not err in failing to explain why it rejected arguments for a below-GLs sentence. A sentencing court is required merely to entertain the defendant's arguments and give reasons for the sentence imposed. It need not explain why it decided a different sentence would have been unreasonable or why the sentence imposed is the best of all possible reasonable sentences. On appeal, the court must simply determine whether the chosen sentence is reasonable. With respect to Mr. Jarrillo's substantive argument, the COA says the disparity between fast-track districts and non-fast-track districts was created by Congress, so it can't be "unwarranted" disparity under ยง 3553(a)(6).