U.S. v. Ramirez

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
Nos. 09-3932 et al Cons.
Decision Date: 
July 20, 2011
Federal District: 
N.D. Ill., W. Div.
Holding: 
Affirmed as modified
Dist. Ct. did not err in rejecting defendants' requests for lower sentences on charge of alien being in U.S. after having been deported, even though defendants made said requests based on disparity of sentences given to others in different Dist. Cts that use fast-track programs. While defendants were potentially eligible to receive lower sentences, defendants failed to establish that: (1) they promptly pleaded to charged offense, as well as agreed to factual basis for said plea and executed waiver of rights; and (2) they would have been eligible for fast-track treatment in other Dist. Cts. Defendants also failed to submit required study containing likely sentence ranges in Dist. Cts that offer fact-track program.