U.S. Court of Appeals for the Eleventh Circuit, 2011

United States v. Juan Javier Cardenas

United States v. Juan Javier Cardenas
U.S. Court of Appeals for the Eleventh Circuit · Decided July 26, 2011 · Wilson, Pryor, Black
435 F. App'x 872

United States v. Juan Javier Cardenas

Opinion

PER CURIAM:

Juan Javier Cardenas appeals his sentence of imprisonment for 121 months following his plea of guilt to conspiring to commit fraud in connection with access devices, 18 U.S.C. § 1029(b)(2), and fraud in connection with the trafficking of unauthorized access devices, id. § 1029(a)(2). Cardenas argues that his sentence is procedurally unreasonable because the district court failed to explain why it did not order his federal sentence to run concurrently with any state sentence that might be imposed for pending state charges against him. We affirm.

We review sentences for reasonableness, which is deferential standard of review for abuse of discretion. Gall v. United States, 552 U.S. 38, 41, 128 S.Ct. 586, 591, 169 L.Ed.2d 445 (2007).

Cardenas’s sentence is procedurally reasonable. At the sentencing hearing, the district court stated that it had considered the parties’ statements, the presentence investigation report, and the statutory factors for sentencing, 18 U.S.C. § 3553(a). The district court imposed the sentence requested by the parties. Cardenas later requested that the district court provide him credit for time served in state custody awaiting trial on state charges, but Cardenas did not request that his federal sentence run concurrently with any future *873 state sentence. The district court‘did not abuse its discretion.

AFFIRMED.

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