United States v. Nelson
United States v. Nelson
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 25 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 25-1246 D.C. No. Plaintiff - Appellee, 3:20-cr-00308-AB-1 v. MEMORANDUM* BRANDON CHARLES NELSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of Oregon Amy M. Baggio, District Judge, Presiding
Submitted July 15, 2025**
Before: SILVERMAN, TALLMAN, and BUMATAY, Circuit Judges.
Brandon Charles Nelson appeals from the district court’s judgment and
challenges the 12-month sentence imposed upon the third revocation of his
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Nelson contends that the sentence is substantively unreasonable in light of
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). his childhood trauma, mental illness, and substance abuse, as well as the allegedly
minor nature of his violation. We review this claim for abuse of discretion. See
Gall v. United States, 552 U.S. 38, 51 (2007).
The district court did not abuse its discretion. The within-Guidelines
sentence is substantively reasonable under the 18 U.S.C. § 3583(e) factors and the
totality of the circumstances, including Nelson’s repeated breaches of the court’s
trust over a short period of time. See Gall, 552 U.S. at 51; United States v. Simtob,
485 F.3d 1058, 1062 (9th Cir. 2007).
AFFIRMED.
2 25-1246
Reference
- Status
- Unpublished