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U.S. v. MARCIAL-SANTIAGO

Nos. 05-30248, 05-30249, 05-30251.

447 F.3d 715 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Merced MARCIAL-SANTIAGO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Roberto Acosta-Franco, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Victor Manuel Sanchez-Acosta, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2006.

Attorney(s) appearing for the Case

David F. Ness, Federal Defender, District of Montana, Great Falls, MT, for the defendants-appellants.

George F. Darragh Jr., U.S. Attorney's Office, Great Falls, MT, for the plaintiff-appellee.

Before O'SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.

GOULD, Circuit Judge.

Jose Marcial-Santiago, Roberto Acosta-Franco, and Victor Sanchez-Acosta ("Appellants") appeal the sentences they received upon pleading guilty and being convicted of being illegal aliens found in the United States after deportation in violation of 8 U.S.C. § 1326(a). Appellants were prosecuted and sentenced in the District of Montana, which does not have a fast-track program. They contend that the disparity between their sentences, and the...

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