7th Circuit sets standards for fast-track adjustments.

• Date: 25 July 2011
• Author: Ziemer, David

Byline: David Ziemer

The 7th Circuit has issued standards that a defendant charged with illegal reentry must meet to be considered for a lower sentence based on the lack of a fast-track program.

The court held on July 20, a district court need not address a fast-track argument unless the defendant has shown that he is similarly situated to persons who actually would receive a benefit in a fast-track district.

To do that, the defendant must do the following: promptly plead guilty; agree to the factual basis proffered by the government; and execute an enforceable waiver of specific rights before or during the plea colloquy.

The court added, It also means that the defendant must establish that he would receive a fast-track sentence in at least one district offering the program and submit a thorough account of the likely imprisonment range in the districts where he is eligible, as well a candid assessment of the number of programs for which he would not...