103757P.pdf   10/18/2011  United States  v.  Baltazar Jimenez-Perez
   U.S. Court of Appeals Case No:  10-3757
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Smith, Author, with Murphy, Circuit Judge, and
   Schreier, District Judge]
   Criminal case - Sentencing. Kimbrough undermines the rationale of the
   court's prior decisions that disallowed variances based on the
   unavailability of Fast-Track sentencing in a particular judicial district; 
   the court holds, therefore, that the absence of a Fast-Track program and the
   resulting difference in the guidelines range should not be categorically
   excluded as a sentencing consideration; as a result, while the district court
   understandably felt bound by the court's prior decisions, it erred in
   concluding that it lacked jurisdiction to vary downwards from defendant's
   advisory Guidelines range in light of the fact that Eastern Missouri does
   not offer a Fast Track program; this procedural error requires reversal and
   a remand for resentencing.