USA vs Albert Arroyo-Gomez

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 24, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-15434
Non-Argument Calendar
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D.C. Docket No. 1:08-cr-00488-JEC-ECS-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERT ARROYO-GOMEZ,
a.k.a. Leopoldo,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(August 24, 2011)
Before TJOFLAT, CARNES and FAY, Circuit Judges.
PER CURIAM:
Albert Arroyo-Gomez appeals his 180-month sentence imposed after
pleading guilty to conspiracy to possess with intent to distribute cocaine,

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methamphetamine, and marijuana. He contends that his below-the-guidelines-
range sentence is substantively unreasonable because the sentence “is clearly
excessive for an individual who has no criminal history points, and who at best,
demonstrated a ‘wimpy’ form of leadership.”
I.
In February 2008 the Bureau of Immigration and Customs Enforcement
received information from a confidential informant regarding a drug trafficking
organization operating in the Atlanta, Georgia area. Their investigation revealed
that Arroyo-Gomez’s house was used as a stash house for an extensive
organization of trafficking and distributing cocaine, methamphetamine, and
marijuana in the metro Atlanta region. They also discovered that Arroyo-Gomez
was a leader in the organization, had significant contacts with Mexican drug-
traffickers, and that his telephones and vehicle were used to facilitate the delivery
and distribution of the cocaine, methamphetamine, and marijuana. The
investigation uncovered that the total amount of illegal drugs involved was about
8.36 kilograms of cocaine, 2.99 kilograms of marijuana, 10 kilograms of crystal
methamphetamine, and 107.7 grams of methamphetamine, which combined
converts to a marijuana equivalency of 205,517 kilograms.
Arroyo-Gomez was arrested and indicted on eleven counts. In exchange for
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pleading guilty to conspiracy to possess with intent to distribute at least 5
kilograms of cocaine, 500 grams of methamphetamine, and less than 50 kilograms
of marijuana, the other counts were dismissed. Under the sentencing guidelines
Arroyo-Gomez had a base offense level of 38. He received a 2-level enhancement
for his role in the offense and a 3-level decrease for acceptance of responsibility,
for an adjusted offense level of 37. Although Arroyo-Gomez had been found
guilty of disorderly conduct and driving under the influence, had pleaded nolo
contendere to another driving under the influence, and had been arrested for
discharging a firearm on a public highway, he did not have any criminal history
points. Accordingly, the recommended range under the guidelines was 210 to 262
months imprisonment.
The district court sentenced Arroyo-Gomez to a below-the-guidelines-range
sentence of 180 months imprisonment. The court explained that its sentence was
fair and reasonable after giving Arroyo-Gomez “the benefit of every doubt on
every guideline,” and taking into account the crime, his role in the criminal
organization, his personal characteristics, his remorse, and the need to deter others
from trafficking drugs in the area.
II.
We review the reasonableness of a sentence only for an abuse of discretion.
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United States v. Tome, 611 F.3d 1371, 1378 (11th Cir. 2010). To determine if a
sentence is substantively unreasonable, “we must, as the Supreme Court has
instructed us, consider the totality of the facts and circumstances.” United States
v. Irey, 612 F.3d 1160, 1189 (11th Cir.2010) (en banc). We will vacate a sentence
for substantive unreasonableness “if, but only if, we are left with the definite and
firm conviction that the district court committed a clear error of judgment in
weighing the § 3553(a) factors by arriving at a sentence that lies outside the range
of reasonable sentences dictated by the facts of the case.” Id. at 1190 (quotation
marks omitted). “The party challenging the sentence bears the burden to show it is
unreasonable in light of the record and the § 3553(a) factors.” Tome, 611 F.3d at
1378.
The totality of the circumstances show that Arroyo-Gomez’s below-the-
guidelines-range sentence of 180-months imprisonment was reasonable. His
sentence was 30 months below the bottom of the guidelines range, and it
adequately took into account his limited criminal history, his personal
characteristics, his role in the crime, and the need to deter future drug traffickers.
AFFIRMED.
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