U.S. v. RODRÍGUEZ

No. 06-2656.

527 F.3d 221 (2008)

UNITED STATES of America, Appellee, v. Yonathan RODRÍGUEZ, T/N Carlos Ramírez Oganda, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 4, 2008.


Attorney(s) appearing for the Case

Vivianne M. Marrero-Torres, Assistant Federal Public Defender, with whom Joseph C. Laws, Jr., Federal Public Defender, and Héctor L. Ramos-Vega, Assistant Federal Public Defender, were on brief, for appellant.

Myriam Y. Fernández González, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, and Thomas K. Klumper, Assistant United States Attorney, were on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SELYA, Senior Circuit Judge.


SELYA, Senior Circuit Judge.

In United States v. Andújar-Arias, 507 F.3d 734 (1st Cir.2007), a panel of this court held that sentencing disparity attributable to the selective inauguration of so-called "fast-track" programs for the processing of immigration crimes could not form the basis for a variant sentence. Id. at 739. This appeal requires us to gauge the continued validity of Andújar-Arias in light...

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