United States v. Nelson

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 25 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 25-1246 D.C.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