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United States v. Vega-Castillo
Citations: 548 F.3d 980; 2008 WL 4865206Docket: 07-12141
Court: Court of Appeals for the Eleventh Circuit; November 12, 2008; Federal Appellate Court
Original Court Document: View Document
The Court of Appeals for the Eleventh Circuit denied a petition for rehearing en banc in the case of United States v. Victor Gonzalo Vega-Castillo, affirming the panel's prior ruling. The decision hinged on adherence to the prior precedent rule, which requires a later panel to follow earlier decisions unless an intervening Supreme Court decision is directly applicable. Circuit Judge Carnes concurred with the denial but expressed openness to en banc review in future cases that more clearly address whether sentencing disparities linked to fast track or early disposition programs justify variances under 18 U.S.C. § 3553(a). He highlighted that defendants in different federal districts may receive unequal sentences due to the absence of early disposition options in some areas, suggesting that this discrepancy could warrant reconsideration. However, Carnes concluded that the current case did not provide a suitable factual basis to explore this issue further. Vega-Castillo would likely be ineligible for early disposition credit due to his serious criminal history, which includes multiple deportations, an aggravated felony conviction, and a total of 11 to 13 criminal history points. The government argues, and Vega-Castillo has not contested, that these factors would typically disqualify him from fast track disposition programs in many districts. For a case to warrant en banc reconsideration of precedent regarding disparities in sentencing due to district programs, it must present clear reasons for why the defendant would qualify for such benefits, which Vega-Castillo has failed to demonstrate. Additionally, the Attorney General's criteria for participation in the early disposition program require defendants to enter a written plea agreement that includes waivers of appeal and certain challenges to their convictions. Vega-Castillo did not provide the necessary waivers, thereby making him unlike other defendants who received early disposition benefits. While it is not permissible to condition an appeal on waiving fast track disparity claims, it would be reasonable for him to offer waivers covering other issues to align more closely with those who benefited from the program. His lack of waivers, combined with his criminal history, means his case does not adequately raise the issue of whether a court may vary downward under 18 U.S.C. § 3553(a) to address disparities from fast track programs.