United States of America v. Leslie Guy Wilson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LESLIE GUY WILSON,
Defendant - Appellant.
No. 13-30320
D.C. No. 2:13-cr-00024-RSL
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Robert S. Lasnik, District Judge, Presiding
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
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.
FILED
JUN 18 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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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 (2007). The sentence is substantively reasonable
in light of the section 3553(a) sentencing factors and the totality of the
circumstances, including Wilson’s violent criminal history and the need to promote
respect for the law. See id.
Because the existing record is sufficient for our review, we deny the
government’s motion for judicial notice, filed on March 28, 2014.
AFFIRMED.
13-30320 2

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