United States v. Romo-Villalobos, No. 10-15350 (11th Cir. 2012)Annotate this Case
Defendant appealed his convictions and 37-month total sentence for illegal reentry after a felony and for illegal reentry after conviction of false representation. On appeal, defendant argued that: (1) he should not have received a 16-level enhancement based on his Florida conviction for resisting an officer with violence, because Florida's statute did not constitute a crime of violence; and (2) his 37-month sentence was unreasonable because the district court failed to grant him a variance based on sentencing disparities caused by the Middle District of Florida's lack of a fast-track program. The court held that the district court did not err in imposing the enhancement where a conviction under Florida Statute 843.01 constituted a crime of violence. Because defendant had a prior conviction for a crime of violence and because he did not enter into a written plea agreement - two requirements by the Attorney General for fast-track programs - defendant did not meet the Attorney General's requirements for a fast-track program. Therefore, he would not have been entitled to fast-track relief even if the Middle District of Florida were to have this kind of program. Accordingly, the district court did not err in failing to grant defendant a variance.