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U.S. v. ANDÚJAR-ARIAS

No. 06-1189.

507 F.3d 734 (2007)

UNITED STATES of America, Appellee, v. Falcón Diómedes ANDÚJAR-ARIAS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 19, 2007.

Attorney(s) appearing for the Case

Catherine K. Byrne for appellant.

Cynthia A. Young, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and JOSÉ A. FUSTÉ, District Judge.

LIPEZ, Circuit Judge.

Falcón Diómedes Andújar-Arias ("Andújar") claims that his sentence for illegal reentry after deportation was unlawful because the district court declined to account for "unwarranted" sentence disparities as required by 18 U.S.C. § 3553(a)(6). He claims that these "unwarranted" disparities result from the operation of fast-track sentencing programs in other districts. These programs allow some districts whose resources...

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