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United States v. Santos

Citation: 219 F. App'x 220Docket: No. 06-1296

Court: Court of Appeals for the Third Circuit; March 6, 2007; Federal Appellate Court

Narrative Opinion Summary

Julio Santos pled guilty to re-entry after deportation under 8 U.S.C. § 1326 and escape under 18 U.S.C. § 751. He appeals his sentence, claiming it creates an unwarranted disparity compared to offenders in fast-track immigration districts, which would have resulted in lesser sentences for similar offenses. The court asserts jurisdiction under 18 U.S.C. § 3742(a) and affirms Santos's sentence. Citing precedent from *United States v. Vargas*, the court emphasizes that the disparity between sentences in fast-track and non-fast-track districts is authorized by Congress, rendering the district court's decision not to adjust Santos's sentence in light of the absence of a fast-track program reasonable. The appeal is denied, and the sentence is affirmed.

Legal Issues Addressed

Jurisdiction of Appeals under 18 U.S.C. § 3742(a)

Application: The court confirms its authority to review the sentence imposed on Santos under the specific statutory provision that allows for appeals of sentences.

Reasoning: The court asserts jurisdiction under 18 U.S.C. § 3742(a) and affirms Santos's sentence.

Precedent in Sentence Affirmation

Application: The court relies on existing case law, specifically referencing *United States v. Vargas*, to support its decision to affirm the sentence despite the appellant's claims of disparity.

Reasoning: Citing precedent from *United States v. Vargas*, the court emphasizes that the disparity between sentences in fast-track and non-fast-track districts is authorized by Congress.

Sentencing Disparities in Fast-Track and Non-Fast-Track Districts

Application: The court addresses Santos's argument regarding sentencing disparities, concluding that differences between fast-track and non-fast-track districts are sanctioned by Congress, and thus, the district court's decision was reasonable.

Reasoning: The court emphasizes that the disparity between sentences in fast-track and non-fast-track districts is authorized by Congress, rendering the district court's decision not to adjust Santos's sentence in light of the absence of a fast-track program reasonable.