Federal 7th Circuit Court
Criminal Court
Sentencing
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 request based on disparity of sentences given to others in different district courts that use fast-track programs. Defendants presented only illusory fast-track arguments where defendants failed to establish either that: (1) they promptly pleaded to charged offense, as well as agreed to factual basis for said plea and executed waiver of rights; and/or (2) they were similarly situated to eligible defendant in at least one fast-track district. Defendants also failed to submit likely sentencing range of fast-track district(s) to which they sought comparison.