Federal 7th Circuit Court
Criminal Court
Sentencing
Defendants-aliens, who had pleaded guilty to offense of illegal re-entry to US after having been removed, were entitled to new sentencing hearings where Dist. Ct. refused to consider imposing below-guideline sentence on defendants' argument that instant guideline sentences were unreasonably disparate to sentences given to other defendants in other districts participating in fast-track programs. Ct., in overruling portions of Galicia-Cardenas, 443 F.3d 553, held that Dist. Ct. may consider disparity in sentences created by fast-track programs in other districts when evaluating applicable section 3553(a) factors for purpose of imposing appropriate sentence.