USA v. Alberto Pena-Lopez, No. 08-12697 (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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 08-12697 Non-Argument Calendar ________________________ OCT 17, 2008 THOMAS K. KAHN CLERK D. C. Docket No. 04-00036-CR-01-WCO-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALBERTO PENA-LOPEZ, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia _________________________ (October 17, 2008) Before ANDERSON, HULL and PRYOR, Circuit Judges. PER CURIAM: Alberto Pena-Lopez challenges his sentence of 12 months of imprisonment after revocation of his supervised release. Pena-Lopez argues that his sentence is unreasonable because the district court failed to consider that he re-entered the United States illegally to support his family. We affirm. We review a sentence imposed after revocation of supervised release for reasonableness. See United States v. Sweeting, 437 F.3d 1105, 1106 07 (11th Cir. 2006). We review the reasonableness of a sentence for an abuse of discretion. Gall v. United States, 128 S. Ct. 586, 597 (2007). [T]he party who challenges the sentence bears the burden of establishing that the sentence is unreasonable in the light of both [the] record and the factors in section 3553(a). United States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005). The district court did not abuse its discretion by imposing a sentence within the guideline range. Pena-Lopez entered the country illegally, which violated a term of his supervised release. The district court stated that Pena-Lopez s recidivist conduct was an act of defiance or [a] deliberate violation of the law that it found disturbing. The nature and circumstances of an offense and the history and characteristics of a defendant are relevant to fashion an appropriate sentence. See 28 U.S.C. ยงยง 3553(a), 3583(e)(3); United States v. Clay, 483 F.3d 739, 743 (11th Cir. 2007). Pena-Lopez s sentence is reasonable. AFFIRMED. 2

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