CA1: no right to fast-track program

USA v. Melendez-Torres, 04-1914, is an illegal reentry case under 8 U.S.C. § 1326(a). He argued that there was no conclusive evidence presented that he was acutally deported (and so couldn't re-enter).  But, there was evidence – and the court provides an interesting description of what deportations to Mexico look like.  A Booker remand is denied, because it was unpreserved and did not indicate that he would have sentenced him to less (in fact, the judge was quite angry), and downward departures were also upheld.  He makes one interesting argument: that the lack of a fast track program in the District of Maine denied him equal protection.  But the court holds that the executive branch probably had a good reason for concluding that such a program wasn't necessary in Maine, which lacks a common border with Mexico.