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U.S. v. CASTRO

No. 05-16405. Non-Argument Calendar.

455 F.3d 1249 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Jorge Anaya CASTRO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 12, 2006.

Attorney(s) appearing for the Case

Susan Jill Benton, W. Carl Lietz, III and Stephanie Kearns, Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Castro.

Amy Levin Weil, Jane Wilcox Swift, U.S. Atty., Atlanta, GA, for U.S.

Before MARCUS, WILSON and PRYOR, Circuit Judges.

PER CURIAM:

Jose Jorge Anaya-Castro appeals his sentence for illegal reentry into the United States. See 8 U.S.C. § 1326. Anaya-Castro argues that the district court erroneously denied him a four-level downward departure under the early disposition program, see U.S.S.G. § 5K3.1, because the use of the program in some districts and not others creates sentencing disparities that violate statutory requirements...

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