Opinion
Criminal No. 3:04-CR-57-1
02-15-2013
UNITED STATES OF AMERICA, Plaintiff, v. LUIS PEREZ, Defendant.
(BAILEY)
ORDER DENYING MOTION FOR FAST-TRACK APPLICATION
On this day, the above-styled matter came before this Court for consideration of the defendant's Motion for Fast-Track Application [Doc. 190].
On November 24, 2004, the defendant signed a written plea agreement by which he agreed to plead guilty to one count of distribution of cocaine base [Doc. 21]. On June 3, 2005, the Court sentenced the defendant to a term of incarceration of 180 months [Doc. 69].
In a document dated July 12, 2012, the defendant moves this Court for a fast-track application. As explained by the Fourth Circuit, fast-tracking "refers to a procedure that originated in states along the United States-Mexico border, where district courts experienced high caseloads as a result of immigration violations. To preserve resources and increase prosecutions, prosecutors sought to obtain pre-indictment pleas by offering defendants lower sentences through charge-bargaining or through motions for downward departure." United States v. Perez-Pena , 453 F.3d 236, 238 (4th Cir. 2006) (emphasis added); see also United States v. Ramirez-Morazan, 2013 WL 71782, at *3, n.1 (4th Cir. Jan. 8, 2013). The defendant pleaded guilty pursuant to a plea agreement and was subsequently sentenced by this court and therefore, the use of fast tracking is unavailable to him.
For the foregoing reasons, it is the opinion of this Court that the defendant's Motion for a Fast Track Application [Doc. 190] should be, and the same is, hereby DENIED.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record and to mail a copy to the pro se defendant.
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JOHN PRESTON BAILEY
CHIEF UNITED STATES DISTRICT JUDGE