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United States v. Salvador Navarro, 18-3313 (2019)

Court: Court of Appeals for the Seventh Circuit Number: 18-3313 Visitors: 1
Judges: Per Curiam
Filed: Sep. 12, 2019
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 Appeal from the United States District Court for the UNITED STATES OF AMERICA, Southern District of Illinois. Plaintiff-Appellee, No. 11-CR-30046-NJR-3 v. Nancy
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NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.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 Appeal from the United States District Court for the UNITED STATES OF AMERICA, Southern District of Illinois. Plaintiff-Appellee, No. 11-CR-30046-NJR-3 v. Nancy J. Rosenstengel, Judge. SALVADOR GUADALUPE NAVARRO, Defendant-Appellant. 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). No. 18-3313 Page 2 Cir. May 31, 2018) (nonprecedential decision).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
Source:  CourtListener

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