Craig Thorstenson v. Gale Norton

*
The Honorable Ann D. Montgomery, United States District Judge for the
District of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2612
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Minnesota.
*
Gary Bernard Cain, * [UNPUBLISHED]
*
Appellant. *
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Submitted: February 13, 2006
Filed: February 17, 2006
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Before WOLLMAN, FAGG, and ARNOLD, Circuit Judges.
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PER CURIAM.
Gary Bernard Cain pleaded guilty to three counts of bank robbery. At the plea
hearing, Cain agreed he was a career offender based on his criminal history, and his
resulting sentencing guidelines range was 168-210 months. After the district court
rejected his objections to the presentence report at sentencing, Cain agreed the 168-
210 range was correct. The district court * sentenced Cain at the bottom of the
advisory guidelines range to 168 months in prison and three years of supervised
release. Cain appeals arguing his post-Booker sentence is unreasonably long and the

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district court failed to cite sentencing factors contained in 18 U.S.C. § 3553(a). Cain
has not overcome the presumption that his sentence within the advisory guidelines
range is reasonable. See United States v. Lincoln, 413 F.3d 716, 717-18 (8 th Cir.
2005). The district court properly considered the guidelines range and applied the
other factors in § 3553(a), including the nature, seriousness, and circumstances of the
offense, Cain’s criminal history and characteristics, and the need to promote respect
for the law, provide just punishment, and deter criminal conduct. The district court
was not required to enumerate each factor listed in § 3553(a). United States v.
Lamoreaux, 422 F.3d 750, 756 (8 th Cir. 2005). The court also stated reasons why the
factors supported a sentence of 168 months.
Considering the record as a whole, we cannot say the district court imposed an
unreasonable sentence. Accordingly, we affirm.
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