Sentencing Court May Consider Disparity with Fast-Track Districts in Reentry Cases

U.S. v. Lopez-Macias, -- F.3d --, 2011 WL 5310622 (10th Cir. 11/7/11) (CO) - The district court has discretion to vary in sentencing for immigration offenses in non-fast-track districts based on fast-track sentencing disparity. The defendant must initially demonstrate entitlement to a variance in light of how defendants convicted of similar offenses are sentenced in fast-track districts.