Gutierrez v. United States of America

Filing 10

ORDER by District Judge Robert C. Brack DISMISSING 1 Motion to Vacate/Set Aside/Correct Sentence (2255 under Johnson v. USA) filed by Robert Sedillo Gutierrez (yc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,
Plaintiff/Respondent,
vs.

No. CV 16-00730 RB/KK
No. CR 05-00217 RB

ROBERT SEDILLO GUTIERREZ,
Defendant/Movant.

ORDER OF DISMISSAL OF MOTION TO CORRECT
SENTENCE PURSUANT TO 28 U.S.C. § 2255
THIS MATTER is before the Court under Rule 4 of the Rules Governing Section 2255
Proceedings on the Motion to Correct Sentence Under 28 U.S.C. § 2255 filed by
Defendant/Movant, Robert Sedillo Gutierrez. (CV Doc. 1; CR Doc. 233). In his § 2255 Motion,
Movant Gutierrez claims that he improperly received an enhanced sentence as a career offender
under the United States Sentencing Guidelines because the residual clause of U.S.S.G. § 4B1.2 is
unconstitutionally vague under the reasoning in Johnson v. United States, 576 U.S. ___, 135
S.Ct. 2551 (2015). (CV Doc 1; CR Doc. 233).
In Beckles v. United States, 580 U.S. ___, No. 15-8544, slip op (March 6, 2017), the
Supreme Court held that the United States Sentencing Guidelines are not subject to a void-forvagueness challenge. 580 U.S. ___, No. 15-8544, slip op at 5. Pursuant to the Court’s Order, the
Parties have filed a Statement that the ruling in Beckles is dispositive of all issues raised in
Gutierrez’s § 2255 Motion and Supplemental Motion and that his § 2255 proceeding should be

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dismissed. (CV Doc. 9; CR Doc. 241). Gutierrez is not entitled to relief and his § 2255 Motion
and Supplemental Motion will be dismissed under Rule 4.
IT IS ORDERED that the Motion to Correct Sentence Under 28 U.S.C. § 2255 filed by
Defendant/Movant, Robert Sedillo Gutierrez (CV Doc. 1; CR Doc. 233) is DISMISSED under
Rule 4 of the Rules Governing Section 2255 Proceedings.

________________________________
UNITED STATES DISTRICT JUDGE

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