U.S. v. Reyes-Hernandez

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
Nos. Nos. 09-1249 & 09-1551 Cons.
Decision Date: 
October 7, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded
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.