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U.S. v. MARTINEZ-TRUJILLO

No. 05-4122.

468 F.3d 1266 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Josafat MARTINEZ-TRUJILLO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 20, 2006.

Attorney(s) appearing for the Case

Stephen R. McCaughey, Salt Lake City, UT, for Defendant-Appellant.

Karin M. Fojtik, Assistant United States Attorney (Paul M. Warner, United States Attorney, and Wayne T. Dance, Assistant United States Attorney, on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before HARTZ, EBEL, and McCONNELL, Circuit Judges.

HARTZ, Circuit Judge.

To expedite the handling of large volumes of cases involving persons accused of immigration offenses, certain judicial districts employ fast-track programs. These programs allow defendants to obtain a downward departure in their offense level under the United States Sentencing Guidelines (USSG) in exchange for pleading guilty and waiving their rights to file certain motions and to appeal. See United States v. Morales-Chaires,

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