USA v. Alexis Fuentes

11-10911Court of Appeals for the Eleventh Circuit29 set 2011

Testo completo

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
SEPTEMBER 29, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-10911
Non-Argument Calendar
________________________
D.C. Docket No. 1:10-cr-20793-KMM-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellee,
versus
ALEXIS FUENTES,
llllllllllllllllllllllllllllllllllllllll Defendant - Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(September 29, 2011)
Before EDMONDSON, WILSON and KRAVITCH, Circuit Judges.
PER CURIAM:

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Alexis Fuentes appeals his 71-month sentence, imposed after he pleaded
guilty to two counts of bank robbery, in violation of 18 U.S.C. § 2113(a). Fuentes
contends that his sentence is procedurally and substantively unreasonable because
the district court failed to articulate sufficient findings to support its length. His
sentence fell at the top of the applicable 57–71 month Guidelines range.
We review a sentence imposed by a district court for reasonableness under a
deferential abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 41
128 S. Ct. 586 (2007). This Court will not reverse a district court so long as the
district court’s ruling does not constitute a clear error of judgment. United States
v. Pugh, 515 F.3d 1179, 1191 (11th Cir. 2008). Ordinarily, we expect sentences
within the recommended Guidelines range to be reasonable. United States v.
Talley, 431 F.3d 784, 788 (11th Cir. 2005) (per curiam).
The record here shows that Fuentes’s argument is without merit. The
district court correctly calculated the Guidelines range, considered the 18 U.S.C.
§ 3553(a) factors, and clearly articulated its reasoning for concluding that a
sentence at the high-end of the Guidelines range was necessary to comply with the
purposes of § 3553(a). Consequently, the district court did not abuse its
discretion, and we affirm.
AFFIRMED
2

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