United States v. Fearon-Hales, No. 05-5999-cr (2d Cir. May 21, 2007) (found here)
Fearon-Hales appealed a 151 month Guidelines sentence following her conviction for a narcotics offense arguing (among other things)that her "two accomplices received lower sentences in Germany." After noting that "[o]ne goal of the Sentencing Guidelines is to reduce unwarranted sentence disparities among federal defendants 'with similar records who have been found guilty of similar conduct,'" the Second Circuit found that the disparities between the sentences imposed on Fearon-Hales and her accomplices in Germany were not unwarranted because her accomplices: (1) were sentenced in Germany pursuant to German criminal law; (2) were couriers and she was a supervisor; and (3) cooperated with the Government while she did not. (It would be interesting to know what sentences were imposed on her German co-conspirators -- The Second Circuit did not say.)
The Second Circuit -- relying on its pre-Booker decision in United States v. Joyner, 924 F.2d 454 (2d Cir. 1991) -- went on to note, however, that "we have held that the desire to avoid disparate sentences for co-conspirators is not a permissible basis for a departure because it would necessarily undermine national uniformity." The Second Circuit, however, necessarily did not rule out imposition of a non-Guidelines sentence (as opposed to a departure) on this basis.
For an extended discussion of this issue, check out my New York Law Journal article entitled "Co-Defendant Disparity as a Basis for a Non-Guidelines Sentence" (found here).