In a memorandum dated January 31, 2012, Deputy Attorney General James M. Cole advised all U.S. Attorneys of a new DOJ policy on fast-track/early disposition programs in illegal re-entry cases. Recognizing that the existence of these programs in some, but not all districts, leads to sentencing disparity, the memo states that "the Department is revising its fast-track policy and establishing uniform, baseline eligibility requirements for any defendant who qualifies for fast-track treatment, regardless of where that defendant is prosecuted." The memo mandates that districts implement this new policy "no later than by March 1, 2012." This new policy apparently does not extend to offenses other than illegal re-entry.

For more on the impact of this new policy see this 1/31/12 Sentencing Law and Policy Blog post and this 2/1/12 Sentencing Law and Policy Blog post, as well as this Life Sentence Blog post.