Fausto Velazquez v. United States

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 4 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FAUSTO VELAZQUEZ, No. 23-15077

Petitioner-Appellant, D.C. Nos. 4:20-cv-00198-CKJ 4:17-cr-00602-CKJ- v. EJM-

UNITED STATES OF AMERICA,

MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding

Argued and Submitted May 16, 2024 Phoenix, Arizona

Before: GRABER, DESAI, and DE ALBA, Circuit Judges.

Fausto Velazquez appeals the district court’s denial of his motion to vacate,

set aside, or correct his sentence under 28 U.S.C. § 2255. We have jurisdiction under

28 U.S.C. § 2253. We review a district court’s denial of a § 2255 motion de novo.

United States v. Rodriguez, 49 F.4th 1205, 1211 (9th Cir. 2022). We review the

denial of a § 2255 motion without an evidentiary hearing for abuse of discretion. See

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth…