First Circuit endorses fast-track disparities

Thanks to this post at AL&P, I see that the First Circuit today in US v. Andujar-Arais, No. 06-1189 (1st Cir. Nov. 19, 2007) (available here), discusses at great length the sentencing disparities created by some districts having fast-track programs.  Here is how the opinion begins:

Falcón Diómedes Andújar-Arias claims that his sentence for illegal reentry after deportation was unlawful because the district court declined to account for “unwarranted” sentence disparities as required by 18 U.S.C. § 3553(a)(6).  He claims that these “unwarranted” disparities result from the operation of fast-track sentencing programs in other districts.  These programs allow some districts whose resources are strained by high immigration workloads to offer diminished charges or sentences in immigration cases in exchange for a defendant’s agreement to waive certain procedural rights.  In addition, Andújar argues that fast-track programs violate his constitutional right to equal protection. Finally, he argues that the district court erred in treating his prior convictions as sentencing factors. We reject each of these contentions and affirm his sentence.