United States v. Ever Velazquez-Helseon

FILED
NOT FOR PUBLICATION AUG 01 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10651
Plaintiff - Appellee, D.C. No. 3:12-cr-00040-LRH
v.
MEMORANDUM *
EVER VELAZQUEZ-HELSEON,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Ever Velazquez-Helseon appeals from the district court’s judgment and
challenges the 77-month sentence imposed following his guilty-plea conviction for
being a deported alien found unlawfully in the United States, in violation of 8
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Velazquez-Helseon contends that his sentence is substantively unreasonable,
because (i) the 16-level enhancement resulted in a Guidelines range that overstates
the seriousness of his offense, and (ii) his sentence is substantially longer than the
15-month sentence he received for a prior immigration offense. The district court
did not abuse its discretion in imposing Velazquez-Helseon’s sentence. See Gall v.
United States, 552 U.S. 38, 51 (2007). Notwithstanding the length of Velazquez-
Helseon’s previous sentence, his current sentence at the bottom of the Guidelines
range is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing
factors and the totality of the circumstances, including his violent criminal history
and two prior deportations. See id.
AFFIRMED.
2 12-10651