Legal Opinion

Diaz-Pena v. Warden, Federal Correctional Institution

District Court, D. Massachusetts

Decided November 12, 2008No. Civil Action 08-11484-WGYPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

YOUNG, District Judge.

Ignoring the Guidelines — Officially

[I]n judicial districts with unusually high volumes of drug and immigration offenses (primarily along our border with Mexico), the [Justice] Department simply dispenses with the Guidelines altogether to secure more flexibility (and thus more pleas). These are the so-called “fast track” programs. While Attorney General Ashcroft has attempted to centralize and rein in these programs, 1 they still exist and there is every indication that they will continue to for the foreseeable future. As implemented, these programs…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Gall v. United StatesSupreme Court of the United States · 2007
  4. United States v. FradySupreme Court of the United States · 1982
  5. Bolling v. SharpeSupreme Court of the United States · 1954

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3Cited by1 opinion

  1. Volkswagen Group of America, Inc. v. Smartcar, Inc.District Court, N.D. California · 2024

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