U.S. v. Garcia-Ugarte

Dist. Ct. did not err in sentencing defendant to 57-month term of incarceration on charge of illegal reentry into U.S. after having been deported. While defendant argued that he was entitled to have his federal sentence served concurrently with his federal sentence where federal immigration authorities delayed his prosecution since Dist. Ct. could reasonably find that defendant was not entitled to concurrent sentence treatment given fact that his state-court conviction for attempted aggravated kidnapping was different in kind than his federal charge. Dist. Ct. could also reasonably reject defendant's claim that lack of fast-track program required downward departure where defendant had significant criminal history.