April 2, 2013
Currently Villagomez is in Tuscon federal penitentiary serving a seven year, three month sentence. He is scheduled to be released in December 2015.
Villagomez appealed his case to the Ninth District Court of Appeals where he lost his appeal. However, the appeals court determined that the district court had erred in his sentencing. From the court order:
"The district court erred in finding that a four-level increase for Villagomez for participating in high-level public corruption would be double counting when combined with his base level of 14, which was based on his status as a public official. In calculating the Sentencing Guidelines range, “double counting” is allowed when the increases account for distinct harms. United States v. Holt, 510 F.3d 1007, 1012 (9th Cir. 2007). As opposed to the base-level for all public officials, U.S.S.G. § 2C1.1(b)(3) applies a 4-level increase to all defendants involved in a crime of high-level corruption, whether a public official or otherwise."
"Thus, the distinct harm at which § 2C1.1(b)(3) is aimed is the corruption of highlevel public officials as distinct from an individual official’s breach of the public trust."
"For the foregoing reasons, we AFFIRM the district court with respect to the Defendants’ appeals, and we VACATE Villagomez’s sentence and REMAND for new sentencing proceedings consistent with this disposition."The court order: