Marcial-Santiago

Jose Marcial-Santiago, Roberto Acosta-Franco, and Victor Sanchez-Acosta (“Appellants”) appeal the sentences they received upon pleading guilty and being convicted of being illegal aliens found in the United States after deportation in violation of 8 U.S.C. § 1326 (a). Appellants were prosecuted and sentenced in the District of Montana, which does not have a fast-track program. They contend that the disparity between their sentences, and the sentences imposed on similarly-situated defendants who are prosecuted in districts with fast-track programs, is unwarranted and renders their sentences “unreasonable” within the meaning of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Appellants also contend that this disparity violates their rights to due process and equal protection. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

On October 13, 2004, Acosta-Franco and Sanchez-Acosta were denied entry into Canada from the Sweetgrass Port of Entry in Montana. U.S. Border Patrol agents arrested the two men on October 15, 2004, after determining that they had prior felony convictions and had previously been deported from the United States. Also…