United States v. Jimenez-Perez

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 of “definitive” guidance from our court on this issue, denied Jimenez-Perez’s motion for a downward variance, reasoning that it lacked…