United States of America v. Salvador Guadalupe Navarro

18-3313Court of Appeals for the Seventh Circuit12 set 2019

Testo completo

NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted September 10, 2019*
Decided September 12, 2019
Before
FRANK H. EASTERBROOK, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
AMY C. BARRETT, Circuit Judge
No. 18-3313
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SALVADOR GUADALUPE NAVARRO,
Defendant-Appellant.
Appeal from the United States
District Court for the
Southern District of Illinois.
No. 11-CR-30046-NJR-3
Nancy J. Rosenstengel, Judge.
Order
Earlier decisions have established that Salvador Guadalupe Navarro
consented to a $9 million forfeiture judgment, collectable through substitute
assets, and waived any opportunity to seek a revision. See, e.g., No. 17-2613 (7th
* This successive appeal has been submitted to the original panel under Operating Procedure 6(b).
We have unanimously agreed to decide the case without argument because the briefs and record
adequately present the facts and legal arguments, and argument would not significantly aid the
court. See Fed. R. App. P. 34(a)(2)(C).

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No. 18-3313 Page 2
Cir. May 31, 2018) (nonprecedential decision). Nonetheless he continues to ask
the judiciary to revisit this aspect of his sentence. The district judge declined to
do so in this collection proceeding, and Navarro has appealed again.
He must understand that the arguments he presents have been considered
and rejected. Pointing to new judicial decisions does not undermine the fact that
this award is based on his consent in the plea agreement, and that he also
promised not to appeal or seek collateral review. The time to contest this matter
came and went years ago. Future attempts to reopen this subject will subject
Navarro to penalties for frivolous litigation.
The district court’s decision that the forfeiture may be collected, in part, from
funds available in Navarro’s prison trust account is not an abuse of discretion.
AFFIRMED

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