United States v. Kamran Keivan

MEMORANDUM

Kamran Keivan appeals from the 34-month sentence imposed following his guilty-plea conviction for importation of opium, in violation of 21 U.S.C. §§ 952 (a), 960(a)(1), and 960(b)(8). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Keivan first contends that the district court procedurally erred by placing too much emphasis on the advisory sentencing Guidelines range and arbitrarily refusing to impose a term below that range. The record does not support this contention. The court considered Keivan’s arguments in support of a below-Guidelines sentence and the 18 U.S.C. § 3553 (a) sentencing factors, and concluded that a downward variance was not warranted in light of the amount of drugs Keivan imported and other relevant sentencing factors.

Keivan next contends that the district court erred by requiring him to forego his request for a continuance in exchange for a 30-month sentence, and by considering factors outside the scope of the section 3553(a) sentencing factors, specifically defense counsel’s continuance requests. The record belies these contentions. The district court did not pressure Keivan to withdraw his continuance request, but rather granted…