United States of America v. Leslie Jon Claassen

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LESLIE JON CLAASSEN,
Defendant - Appellant.
No. 11-30359
D.C. No. 1:11-cr-00003-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted August 8, 2012**
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Leslie Jon Claassen appeals from the 240-month sentence imposed
following his guilty-plea conviction for receipt of child pornography, in violation
of 18 U.S.C. § 2252A(a)(2). We have jurisdiction under 28 U.S.C. § 1291, and we
FILED
AUG 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30359 2
affirm.
Claassen contends that his above-Guidelines sentence, which was imposed
to run consecutively to his state court sentence, is substantively unreasonable
because it is greater than necessary to satisfy the purposes of 18 U.S.C. § 3553(a).
In light of Claassen’s history of sexual abuse of minors and his repeated failure in
sexual offender treatment programs, the district court was within its discretion to
impose the federal sentence to run consecutively to Claassen’s state court sentence.
The sentence is substantively reasonable in light of the totality of the circumstances
and the section 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38,
51 (2007).
AFFIRMED.

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