U.S. Court of Appeals for the Eleventh Circuit, 2010

United States v. Michael Allen Hughes

United States v. Michael Allen Hughes
U.S. Court of Appeals for the Eleventh Circuit · Decided August 9, 2010 · Edmondson, Barkett, Martin
391 F. App'x 788

United States v. Michael Allen Hughes

Opinion

PER CURIAM:

Michael Allen Hughes appeals his 84-month total sentence imposed for (1) uttering forged and counterfeit securities (Count 1), in violation of 18 U.S.C. § 513(a), (2) possessing counterfeiting implements (Count 2), in violation of 18 U.S.C. § 513(b), and (3) possessing five or more false identification documents with intent to unlawfully use (Count 3), in violation of 18 U.S.C. § 1028(a)(3) and (b)(2)(B). On appeal, Hughes argues that his sentence is substantively unreasonable due to the extent of the district court’s upward variance from his guideline range of 24 to 30 months’ imprisonment.

We review the sentence imposed by the district court for reasonableness. United States v. Williams, 526 F.3d 1312, 1321 (11th Cir. 2008). The Supreme Court has clarified that the reasonableness standard means review for abuse of discretion. Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007). “[T]he burden of establishing that the sentence is unreasonable in light of the record and the § 3553(a) factors lies with the party challenging the sentence.” Williams, 526 F.3d at 1322.

First, Hughes does not challenge the procedural reasonableness of his total sentence and has waived any claim in this respect. Second, his sentence is substantively reasonable because (a) the district court explained its reasons for imposing an upward variance, and (b) Hughes’s history and characteristics — including his 19 prior fraud convictions or 26 total convictions— justified the extent of this variance. Accordingly, we affirm his 84-month total sentence.

AFFIRMED.

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