United States v. Leslie Wilson

MEMORANDUM

Leslie Guy Wilson appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for escape, in violation of 18 U.S.C. § 751 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Wilson contends that the district court procedurally erred by failing to use the Guidelines as a starting point in its analysis and to keep the range in mind throughout the sentencing hearing. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The district court properly used the correctly calculated Guidelines range as its analytical starting point and kept the range in mind while weighing the 18 U.S.C. § 3553 (a) sentencing factors. See United States v. Autery, 555 F.3d 864, 872 (9th Cir.2009).

Wilson also contends that his sentence is substantively unreasonable in light of the nature of the ■ underlying offense and his mitigating circumstances. The district court did not abuse its discretion in imposing Wilson’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in…