June 7, 2005
Judge Presnell on fast-track disparity
With all the recent discussions of appellate decisions (Booker and otherwise), I have been hankering for some notable district court decisions, since the real Booker action takes place on a daily basis in the district courts. Today, the always notable Judge Gregory Presnell, who has already secured a place in my Sentencing Hall of Fame, was kind enough to scratch my district court itch through his decision in US v. Delgado, No. 05-cr-30 (M.D. Fla. June 7, 2005).
Delgado is a brief decision (which can be downloaded below) that first addresses a guideline calculation issue that Judge Presnell calls "the type of mechanistic application of arbitrary sentencing Guidelines which leads to inequitable and patently unreasonable results." But the most far-reaching aspect of Delgado, and the feature that will lead to a certain appeal to the Eleventh Circuit under DOJ's post-Booker appellate plans, is Judge Presnell's decision to address fast-track disparity:
Unfortunately (for Delgado), this district has no fast track program. If he had been arrested in Arizona, he would be eligible for a 4-level reduction. But, having made it to Florida to find work, he is subject to a much harsher sentence. Recognizing this disparity, two of my fellow judges have granted 4-level departures on this basis. United States v. Villalobos, 6:04-CR-206- Orl-28JGG (M.D. Fla. Apr. 18, 2005)(Antoon, J.) (oral sentencing judgment); United States v. Maldonado-Sanchez, 8:03-CR-371-T-30TGW (M.D. Fla. Jan. 30, 2004) (Moody, J.) (endorsed order). I see no reason to hold otherwise. Accordingly, the Court will exercise its discretion to reduce Delgado's sentence by the equivalent of a 4-level departure in recognition of this sentencing disparity.
June 7, 2005 at 06:43 PM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference Judge Presnell on fast-track disparity :