United States v. Orlean Velasquez , 428 F. App'x 273 ( 2011 )

Case: 10-10926 Document: 00511480036 Page: 1 Date Filed: 05/17/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
May 17, 2011
No. 10-10926
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ORLEAN ARTURO VELASQUEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:10-CR-66-6
Before DAVIS, SMITH and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Orlean Arturo Velasquez appeals the sentence imposed for conspiring to
possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and
(b)(1)(A) and 846. The district court sentenced him to 135 months of
imprisonment and five years of supervised release.
There was no error, plain or otherwise, in the district court’s application
of the drug Guideline, U.S.S.G. § 2D1.1, rather than the robbery Guideline,
§ 2B3.1, to calculate the guidelines range. See § 1B1.2(a); U.S. S ENTENCING
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 10-10926 Document: 00511480036 Page: 2 Date Filed: 05/17/2011
No. 10-10926
G UIDELINES M ANUAL app. A, pp. 556-57 (2009); cf. United States v. Loe, 248 F.3d
449, 463 (5th Cir. 2001).
Velasquez has failed to rebut the presumption of reasonableness that we
apply to his guidelines sentence and, therefore, has shown no error with respect
to the substantive reasonableness of his sentence. See United States v. Campos-
Maldonado, 531 F.3d 337, 338 (5th Cir. 2008).
The judgment of the district court is AFFIRMED.
2