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

United States v. Lagunas-Cavaller

United States v. Lagunas-Cavaller
U.S. Court of Appeals for the Eleventh Circuit · Decided December 29, 2010 · Tjoflat, Black, Carnes
406 F. App'x 452

United States v. Lagunas-Cavaller

Opinion

PER CURIAM:

Jorge Lagunas-Cavaller appeals his 60-month sentence, imposed following his guilty plea to illegally reentering the United States, in violation of 8 U.S.C. §§ 1326(a) and (b)(2). Lagunas-Cavaller asserts his sentence was substantively unreasonable, because it was unsupported by the § 3553(a) factors. He further argues a 60-month sentence would lead to unwarranted discrepancies between his sentence and those of similarly situated defendants. After review, we affirm Lagunas-Cavaller’s sentence. 1

Lagunas-Cavaller’s 60-month sentence is substantively reasonable. The sentence was within the applicable guideline range and well below the statutory maximum for the offense. Moreover, the court gave due consideration to the § 3553(a) factors, and imposed a sentence that was sufficient, but not greater than necessary, to comply with the purposes of sentencing. Lastly, Lagunas-Cavaller has failed to demonstrate that he was similarly situated to any defendant who had a similar record and was found guilty of similar conduct, but who received a shorter sentence.

AFFIRMED.

1

. We review a final sentence for reasonableness. United States v. Winingear, 422 F.3d 1241, 1244-45 (11th Cir. 2005). Reasonableness review is akin to the deferential abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 41, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

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