Sentencing — illegal reentry — fast-track adjustments

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — illegal reentry — fast-track adjustments

Where the defendant convicted of illegal reentry had a history of violence, the district court did not err in not considering an argument for a fast-track adjustment to his sentence.

“It is indeed true that a sentencing court may consider the absence of a fast-track program, in conjunction with the other § 3553(a) factors when determining a proper sentence. United States v. Reyes-Hernandez, 624 F.3d 405, 417 (7th Cir. 2010). But, contrary to Garcia-Ugarte’s claims, the sentencing transcript indicates that the court was aware of its authority regarding fast-track considerations. In its explanation for rejecting Garcia- Ugarte’s argument, the court highlighted the significance of Garcia-Ugarte’s criminal history and noted, ‘the fact that the defendant had a violent felony conviction would likely disqualify him from fast-track treatment even in a district that has such a program.’ The court continued, ‘I’m not saying that in certain cases it might not be appropriate to consider [the fast-track], but I don’t consider this [case to be] one . . . in which [the defendant] should be given any credit for the fact that he’s not in a fast-track district.’ At the time of sentencing, fast-track programs were not available everywhere and even in districts that utilized them, such downward departures were not automatic; a defendant’s criminal history would be an appropriate factor for the court to consider. United States v. Lua-Guizar, 656 F.3d 563, 568-69 (7th Cir. 2011). Here, the record indicates that the court was also aware of its own authority to consider fast-track-type sentences as it saw fit. We find no error and uphold the lower court’s ruling.”

Affirmed.

11-1990 U.S. v. Garcia-Ugarte

Appeal from the United States District Court for the Northern District of Illinois, Grady, J., Bauer, J.