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United States v. Echeverria-Santizo

United States District Court, D. Arizona

July 20, 2016

United States of America, Plaintiff/Respondent,
v.
Victor Galindo Echeverria-Santizo, Defendant/Movant.

          ORDER

          Cindy K. Jorgenson United States District Judge

         Pending before the Court is the Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody filed by Victor Galindo Echeverria-Santizo (“Echeverria-Santizo”). The government has filed a response.

         I. Background

         On February 26, 2014, Movant Echeverria-Santizo (“Echeverria-Santizo”) was indicted on one count of Illegal Re-Entry of Removed Alien. On April 4, 2014, Echeverria-Santizo entered a plea of guilty to the Indictment pursuant to a plea agreement. The plea agreement included the following agreement regarding sentence:

         B. Stipulated Sentence Under Early Disposition Program.

         Although the parties understand that the Sentencing Guidelines are only advisory, and just one of the factors the Court will consider under 18 U.S.c. § 3553(a), purusant to Rule 11(c)(1)(C), Fed. R. Crim. P. and U.S.S.G. § 5K3.1, the government and the defendant stipulate and agree that the following are the applicable guideline ranges for the offense:

Two Level Departure For Fast Track
Offense Level 24: (8 16) - U.S.S.G. § 2l1.2
30 to 37 months of imprisonment if defendant’s Criminal History Category is I;
33 to 41 months of imprisonment if defendant’s Criminal History Category is II;
37 to 46 months of imprisonment if defendant’s Criminal History Category is III;
46 to 57 months of imprisonment if defendant’s Criminal History Category is IV;
57 to 71 months of imprisonment if defendant’s Criminal History Category is V;
63 to 78 months of imprisonment if defendant’s Criminal History Category is VI.

CR 14-359, Doc. 13, pp. 2-3.

         The pre-sentence report (“PSR”) in this case provided: “The advisory guideline range of imprisonment is 57 to 71 months. The binding plea agreement stipulates to a two-level downward departure from the applicable guideline range, based on an early disposition program per U.S.S.G. § ...


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