United States v. Chavez-Salais

EBEL, Circuit Judge.

Defendanb-Appellant Jesus Chavezh-Sa-lais pled guilty to one count of reentry of a previously deported alien, in violation of 8 U.S.C. § 1326(a)(1), (2) and (b)(2), and was sentenced to 57 months’ imprisonment. As part of his plea agreement, Defendant waived his right to appeal or to collaterally attack his sentence. He later filed a motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2) based on a post-sentencing amendment to the United States Sentencing Guideline that was applied to his case. The district court denied Defendant’s motion, and he timely appealed.…