United States v. Zamora, No. 19-2707 (7th Cir. 2020)
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In 2009. Zamora, a high-ranking Latin Kings Chicago gang member, pleaded guilty to an extortion and racketeering conspiracy. After successfully challenging his sentence, Zamora was transferred to the Metropolitan Correctional Center (MCC) to await resentencing. At MCC, Zamora took orders from fellow inmates for contraband and directed his sister to obtain the items. She would pass synthetic marijuana, cigarettes, and cell phones to an MCC guard, Lizak, who smuggled the items to Zamora. Over six months, the group smuggled four loads of contraband into the MCC before Lizak withdrew from the scheme. Zamora was charged with conspiracy to commit an offense against the United States, 18 U.S.C. 371, and giving and offering bribes to a federal official, 18 U.S.C. 201(b)(1)(C). He pleaded guilty to bribery; the government dismissed the conspiracy charge.
The district court calculated Zamora’s guideline sentencing range using USSG 2C1.1 and added a four-level enhancement because the offense “involved … [a] public official in a high-level decision-making or sensitive position.” The district court overruled Zamora’s objection, explaining that although Lizak “may not have had high-level decision-making authority,” a prison guard qualifies as a “sensitive position.” The Seventh Circuit affirmed. The Guideline’s commentary, which generally binds courts on issues of interpretation, explains that officials in sensitive positions include those who are situated similarly to a law enforcement officer.
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