United States v. Longarica, No. 11-3165 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to unlawful reentry after removal following an aggravated felony conviction. On appeal, defendant challenged his sentence. The court held that defense counsel's passing reference to a four-level departure that would be available in Fast-Track districts did not require the district court to acknowledge, sua sponte, that it would have discretion to take this factor into account in determining whether defendant's request for an even greater downward variance on other grounds. Nor did this passing reference take into account that U.S.S.G. 5K3.1 departures in Fast-Track districts must be made upon motion by the government, a motion that was made only if the defendant met eligibility and other requirements prescribed by the Attorney General. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Sentencing. Defense counsel's passing reference to a four-level departure that would be available in Fast-Track districts did not require the district court to acknowledge, sua sponte, that it would have discretion to take this factor into account in determining whether to grant defendant's request for an even greater downward variance on other grounds; nor did the reference take into account that Sec. 5K3.1 departures in Fast-Track districts must be made upon motion of the government following a number of steps and requirements.
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