United States of America v. Adelmo Isidro Rosales- Velasquez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ADELMO ISIDRO ROSALES-
VELASQUEZ,
Defendant - Appellant.
No. 14-50360
D.C. No. 3:14-cr-00350-AJB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Adelmo Isidro Rosales-Velasquez appeals from the district court’s judgment
and challenges the 63-month sentence imposed following his jury-trial conviction
for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have
FILED
JUN 29 2015
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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jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rosales-Velasquez first contends that the district court misinterpreted the
requirements for an imperfect duress departure under U.S.S.G. § 5K2.12. The
record belies this argument. To the extent that Rosales-Velasquez challenges the
court’s discretionary denial of the departure under section 5K2.12, our review is
limited to determining whether the court imposed a substantively reasonable
sentence. See United States v. Ellis, 641 F.3d 411, 421 (9th Cir. 2011).
Rosales-Velasquez also contends that his sentence is substantively
unreasonable because the district court should have accorded more weight to
imperfect duress and other factors. The district court did not abuse its discretion in
imposing Rosales-Velasquez’s sentence. See Gall v. United States, 552 U.S. 38,
51 (2007). The sentence at the bottom of the Guidelines is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including Rosales-Velasquez’s extensive criminal and
immigration history, and his failure to be deterred by prior sentences. See Gall,
552 U.S. at 51.
AFFIRMED.
14-50360 2

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