United States v. Efrain Longarica

LOKEN, Circuit Judge.

We consider again the discretion of a district court to vary downward from the advisory guidelines sentencing range because of the unavailability of a “Fast Track” departure in the district.

Efrain Garcia Longarica, a citizen of Mexico, unlawfully entered the United States in 1995, when he was 16 years old. After he was deported in 1998, he unlawfully reentered and moved to Minnesota in 1999. In 2002, Longarica pleaded guilty to an aggravated drug felony. He was sentenced to 60 months in prison and deported in February 2007 after his release from prison. Longarica was…