U.S. v. JIMENEZ-PEREZ

No. 10-3757.

659 F.3d 704 (2011)

UNITED STATES of America, Appellee, v. Baltazar JIMENEZ-PEREZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 18, 2011.


Attorney(s) appearing for the Case

Lucille Gardner Liggett , AFPD, argued, Tim Tryniecki , AFPD, on the brief, St. Louis, MO, for appellant.

John James Ware , AUSA, argued, St. Louis, MO, for appellee.

Before MURPHY and SMITH, Circuit Judges, and SCHREIER, District Judge.


SMITH, Circuit Judge.

Baltazar Jimenez-Perez pleaded guilty to illegal reentry into the United States subsequent to removal, in violation of 8 U.S.C. § 1326(a). At sentencing, Jimenez-Perez moved for a downward variance to compensate for an allegedly unwarranted sentencing disparity precipitated by the unavailability of a "Fast Track" early-disposition program in the Eastern District of Missouri, where authorities indicted him. The district court, citing a lack...

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