United States of America v. Julio Alberto Santos

*
The Honorable John T. Noonan, Jr., United States Circuit Judge for the Ninth Judicial
Circuit, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 06-1296
UNITED STATES OF AMERICA
v.
JULIO ALBERTO SANTOS,
Appellant
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
D.C. Criminal Nos. 04-cr-0286 and 04-cr-0418
(Honorable Mary A. McLaughlin)
Submitted Pursuant to Third Circuit LAR 34.1(a)
March 2, 2007
Before: SCIRICA, Chief Judge, McKEE and NOONAN * , Circuit Judges.
(Filed: March 7, 2007)
OPINION OF THE COURT
NOONAN, Circuit Judge.
Julio Santos (“Santos”) pled guilty both to re-entry after deportation, in violation
of 8 U.S.C. § 1326 (a), (b)(2), and escape, in violation of 18 U.S.C. § 751. Santos now

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appeals, arguing that his sentence imposes an “unwarranted” sentence disparity in
violation of 18 U.S.C. § 3553(a)(6), because an offender in a fast-track immigration
district would have received a lesser sentence for the re-entry offense. We have
jurisdiction under 18 U.S.C. § 3742(a) and affirm.
We have recently considered and rejected the fast-track disparity argument.
United States v. Vargas, 2007 WL 518630 (3d Cir. 2007). “Because ... the disparity
between sentences in fast-track and non-fast-track districts is authorized by Congress
and, hence, warranted,” id. at *2, “a district court’s refusal to adjust a sentence to
compensate for the absence of a fast-track program does not make a sentence
unreasonable.” Id. at *3.
AFFIRMED.

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