The circuits are split on whether courts can consider the fact that a noncitizen cannot participate in programs that would reduce their sentence or are subject to more onerous conditions of confinement. Should this Court determine whether such circumstances can create an unwarranted sentencing disparity under 18 U.S.C. § 3553(a)(6) for variances at sentencing or in compassionate release motions?

Whether courts can consider a noncitizen's ineligibility for sentence-reducing programs or more onerous conditions of confinement as creating an unwarranted sentencing disparity under 18 U.S.C. § 3553(a)(6) in sentencing and compassionate release proceedings