Velazquez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 17 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-3575 D.C. No. Plaintiff - Appellee, 5:20-cr-00073-ODW-1 v.

MEMORANDUM*

CESAR VELAZQUEZ, Jr., AKA Cesar Velazquez Jr. III,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Otis D. Wright, II, District Judge, Presiding

Argued and Submitted April 2, 2025 Pasadena, California

Before: GILMAN**, M. SMITH, and VANDYKE, Circuit Judges. Dissent by Judge VANDYKE.

Defendant-Appellant Cesar Velazquez, Jr. was convicted on one count of

distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1),

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Ronald Lee Gilman, United States Circuit Judge for the Court of Appeals, 6th Circuit, sitting by designation. (b)(1)(A)(viii), and sentenced to 168 months’ imprisonment. Defendant challenges

his sentence on several different grounds. We…