U.S. v. MARTINEZ-FLORES

No. 04-2681.

428 F.3d 22 (2005)

UNITED STATES of America, Appellee, v. Dennis Joel MARTINEZ-FLORES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 28, 2005.


Attorney(s) appearing for the Case

Douglas J. Beaton on brief for appellant.

Mark S. Zuckerman, Assistant United States Attorney, and Thomas P. Colantuono, United States Attorney, on brief for appellee.

Before LYNCH, Circuit Judge, CAMPBELL and CYR, Senior Circuit Judges.


LYNCH, Circuit Judge.

This appeal, from a criminal sentence imposed on an alien who illegally reentered the United States, requires that we address a question of first impression: does the congressional endorsement of downward sentencing departures in conjunction with "fast-track" case processing violate the nondelegation doctrine? We answer the question in the negative; separately, we reject the defendant's request for a Booker remand on grounds of disparity...

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