United States v. Smith, No. 05-2214, 2006 WL 522082 (2d Cir. March 3, 2006)
Smith challenged his sentence of 57 months for illegally having re-entered the United States after having been deported for an aggavated felony. Specifically, Smith argued that "the Guideline sentencing range for the offense of illegal reentry after deportation is generally substantively unreasonable." The Second Circuit (as expected) rejected Garcia's claims. Indeed, although the Second Circuit has rejected per se rules of reasonableness, it has strongly indicated that it will rarely reverse or vacate a Guidelines sentence as unreasonable. Although (and likely because) Garcia did not challenge his sentence based on any fast-track disparity, the Second Circuit never addressed this developing issue from the district courts. A little dicta, however, wouldn't have hurt anyone. We will, however, keep an eye out for any decisions addressing fast-track disparity.