He received a Bachelor of Arts degree from the University of Notre Dame in 1981 and a Juris Doctor from UCLA School of Law in 1984.

He was confirmed by the United States Senate on January 30, 2007, and received his commission on February 16, 2007.

[3] Gutierrez heard the trial of Xbox modding defendant Matthew Crippen, a DMCA related case.

Gutierrez criticized the prosecution after the federal government brought witnesses that illegally recorded Crippen and admitted to previously modifying Xbox consoles themselves.

[6] The government ultimately chose to dismiss the case, citing these issues with the witnesses presented in the early stages of the trial.