United States of America v. Gutierrez-Ceja

Filing 16

MEMORANDUM Opinion and Order: Defendant's motion for sentencing reduction is denied. See Order for further details. Civil case terminated. Signed by the Honorable James B. Zagel on 9/9/2015. Mailed notice(ep, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SANTIAGO GUTIERREZ-CEJA,
v.

No. 13 C 6768
Judge James B. Zagel

UNITED STATES OF AMERICA.
MEMORANDUM OPINION AND ORDER
On May 19, 2011, Defendant Santiago Gutierrez-Ceja was charged by indictment with
one count of illegal reentry by a deported alien in violation of Title 8, United States Code,
Section 1326(a) and (b)(2), and Title 6, United States Code, Section 202(4). [Dkt. 1, 11 CR
362.] On October 28, 2011, the defendant pleaded guilty to the sole count pursuant to a written
plea agreement. [Dkt. 14, 11 CR 362.] Defendant currently seeks a two-level deduction under
Amendment 782 of the Sentencing Guidelines. This would be possible if the two-level deduction
were related to a prior sentence of a drug trafficking offense, but this is not the case.
Amendment 782 proposed a change to Guidelines §§ 2D1.1 and 2D1.11. Because
Defendant was convicted of illegal reentry by a deported alien, Defendant’s Sentencing
Guidelines calculations were based on Guideline § 2L1.2. Amendment 782 therefore does not
apply to his case. Defendant’s criminal sentence was final upon completion of direct review of
the case by the Seventh Circuit, and I lack jurisdiction to revisit it. Defendant’s motion for
sentencing reduction is denied.
ENTER:

James B. Zagel
United States District Judge
DATE: September 9, 2015
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