United States v. Ever Velazquez-Helseon

MEMORANDUM

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.

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 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (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.

This disposition is not appropriate for publication…