United States v. Martinez-Flores

LYNCH, Circuit Judge.

This appeal, from a criminal sentence imposed on an alien who illegally reentered the United States, requires that we address a question of first impression: does the congressional endorsement of downward sentencing departures in conjunction with “fast-track” case processing violate the nondelegation doctrine? We answer the question in the negative; separately, we reject the defendant’s request for a Booker remand on grounds of disparity in sentencing between defendants in fast-track jurisdictions and others. We affirm the sentence imposed by the district court.

I

The facts…