United States v. Presley

── United States v. Presley ── Court: Court of Appeals for the Tenth Circuit Date: April 23, 2026 Category: General Appellate Case: 25-5093 Document: 31-1 Date Filed: 04/23/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 23, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-5093 (D.C. No. 4:24-CR-00107-SEH-1) BRANDON EARL PRESLEY, (N.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before MORITZ, BALDOCK, and EID, Circuit Judges. ** _________________________________ Defendant Brandon Earl Presley pleaded guilty without a plea agreement to two counts of sexual abuse of a minor in Indian Country in violation of 18 U.S.C. §§ 1151, 1153, and 2243(a), two counts of abusive sexual contact with a minor in Indian Country in violation of 18 U.S.C. §§ 1151, 1153, and 2244(a)(3), one count of production of child pornography in violation of 18 U.S.C. §§ 2251(a) and 2251(e), and one count of possession of child pornography in violation of 18 U.S.C. §§ 2252(a)(4)(B) and * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. After examining the briefs and appellate record, this panel has determined ** unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument.  Appellate Case: 25-5093 Document: 31-1 Date Filed: 04/23/2026 Page: 2 2252(b)(2). The probation office calculated Defendant’s advisory guideline range to be 262 to 327 months’ imprisonment based on an adjusted offense level of 39 and a criminal history category I. The district court denied Defendant’s motion for a downward variance and sentenced him to 180 months’ imprisonment per count on the first and sixth counts, 24 months’ imprisonment per count on the second and third counts, 264 months’ imprisonment on the fourth count, and 120 months’ imprisonment on the fifth count, with all sentences to run concurrently for a total of 264 months’ imprisonment. Defendant appeals, challenging only the substantive reasonableness of his within-guideline-range sentence. Our jurisdiction arises under 18 U.S.C. § 3741(a)(1) and 28 U.S.C. § 1291. We affirm. I. Defendant has never objected to the facts contained in his presentence report (PSR) or the calculation of his guideline range. According to the PSR, between 2019 and 2024 while an assistant high school football coach, Defendant, a member of the Muscogee Creek Nation, sexually abused multiple female victims between the ages of 13 and 15. During this time, Defendant was between the ages of 24 and 29. After initiating contact with his victims, Defendant communicated with them over digital messaging applications and discussed topics of a sexual nature. Eventually, Defendant would persuade his victims to meet with him and engage in sexual acts. Defenda