In U.S. v. Arevalo-Suarez, No. 05-16313 (Sept. 15, 2006), the Court, on a government sentencing appeal, reversed the district court’s grant of a four-level sentence reduction based on the sentencing disparity resulting from the unavailability of a fast-track sentencing departure in the Southern District of Georgia. The fast-track program makes defendants who plea guilty early eligible for a sentence reduction, but only in districts designated by the Attorney General.
Citing U.S. v. Anaya-Castro, 455 F.3d 1249 (11th Cir. 2006), which held that a district court was not required to depart based on the disparity caused by the fast-track program, and citing caselaw in other circuits, the Court held that the fast-track program disparity was not "unwarranted" because it was adopted pursuant to Congressional authorization. Hence, the district court erred in relying on the disparity as a basis for its sentence reduction under 18 U.S.C. § 3553(a).
