Valenzuela v. United States of America

Filing 2

ORDER DISMISSING CASE, signed by Chief Judge William C Griesbach on 08/26/2015. The change in the Guidelines did not change the law governing mandatory minimum sentences. For this reason, Valenzuela is not entitled to relief under § 2255. The Clerk shall enter judgment forthwith. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MIGUEL ANGEL GRACIA VALENZUELA,
Plaintiff,
v.

Case No. 15-C-1029

UNITED STATES OF AMERICA,
Defendant.

ORDER FOR DISMISSAL

Defendant Miguel Angel Gracia Valenzuela has filed a motion to vacate, set aside or
correct his sentence pursuant to 28 U.S.C. § 2255. In essence, however, the motion is for a
sentence reduction pursuant to 18 U.S.C. § 3582 based upon the amendments to the United States
Sentencing Guidelines reducing by two levels the offense severity score for drug offenses.
Valenzuela filed a similar motion in the underlying criminal case, 10-CR-0063, on November 20,
2014, and his motion was denied by order of May 8, 2015. For the same reason, the motion
seeking relief under 28 U.S.C. § 2255 will be denied as well. Valenzuela was sentenced to 120
months for conspiracy to distribute controlled substances. The 120-month sentence was the
mandatory minimum that the Court could impose under 21 U.S.C. § 841(a)(1)(b)(1)(A). The
change in the Guidelines did not change the law governing mandatory minimum sentences. For
this reason, Valenzuela is not entitled to relief under § 2255. Accordingly, his motion to vacate
is denied and the action is dismissed. The Clerk shall enter judgment forthwith.
SO ORDERED this

26th

day of August, 2015.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court