USA v. Tommie J. Quinn, No. 07-15094 (11th Cir. 2008)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 07-15094 Non-Argument Calendar ________________________ JUNE 11, 2008 THOMAS K. KAHN CLERK D.C. Docket No. 07-00085-CR-ORL-28-DAB UNITED STATES OF AMERICA, Plaintiff Appellee, versus TOMMIE J. QUINN, a.k.a. The Stik, Defendant Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (June 11, 2008) Before BIRCH, DUBINA and BARKETT, Circuit Judges. PER CURIAM: Tommie J. Quinn appeals his 210-month sentence for receiving and distributing child pornography materials, in violation of 18 U.S.C. § 2252(a)(2), (b)(1). On appeal, Quinn argues that his sentence was unreasonable because the district court failed to adequately consider the 18 U.S.C. § 3553(a) factors. Quinn contends that the court focused primarily on one § 3553(a) factor, the nature and circumstances of his offense, without also considering that he had not committed any crimes in the year prior to his self-surrender, that the doctor who examined him opined that he was not a pedophile, and that he had a history of depression. After careful review, we find that Quinn s sentence was both procedurally and substantively reasonable. Gall v. United States, __ U.S. __, 128 S. Ct. 586, 597 98, 169 L. Ed. 2d 445 (2007); United States v. Agbai, 497 F.3d 1226, 1229 (11th Cir. 2007). The court correctly calculated the Guidelines range and expressly stated that it had considered the § 3553(a) factors. Furthermore, in imposing the 120-month sentence at the low end of the Guidelines range the court provided a reasoned basis for imposing Quinn s sentence. Thus, we affirm Quinn s sentence. AFFIRMED. 2
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