Gonzalez-Zotelo
United States v. Gonzalez-Zotelo
Opinion
Opinion
I. Background
On July 10, 2007, Gonzalez-Zotelo was charged with vio- lating 8 U.S.C. § 1326, being found in the United States after deportation. The government refused to offer Gonzalez- Zotelo a fast-track charge bargain because he had a prior Cali- fornia felony conviction for lewd or lascivious acts with a child under the age of 14. Gonzalez-Zotelo waived a jury trial and was convicted after a bench trial. Prior to sentencing, the government filed a sentencing summary chart. Gonzalez- Zotelo filed a sentencing memorandum arguing that he was eligible for departures from the Guidelines due to acceptance of responsibility, over-representation of criminal history, and his offer to waive appeal.
Gonzalez-Zotelo’s criminal history score (Category IV) and adjusted offense level (22) resulted in an advisory Guidelines range of 63 to 78 months imprisonment. At the sentencing hearing, the district judge first agreed that Gonzalez-Zotelo’s criminal history category over-represented his criminal his- tory and departed downwards to Category III. The district court calculated the new advisory Guidelines range at 51 to 63 months’ imprisonment.