USA V. Mario Ochoa-Torres, No. 12-15728 (11th Cir. 2013)
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Case: 12-15728 Date Filed: 05/24/2013 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-15728 Non-Argument Calendar ________________________ D.C. Docket No. 1:12-cr-00193-ODE-GGB-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARIO OCHOA-TORRES, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (May 24, 2013) Before TJOFLAT, HULL and JORDAN, Circuit Judges. PER CURIAM: Mario Ochoa-Torres pled guilty to illegal re-entry into the United States after having been previously removed subsequent to a conviction for an aggravated Case: 12-15728 Date Filed: 05/24/2013 Page: 2 of 3 felony, in violation of 8 U.S.C. § 1326(a) and (b)(2), and the District Court sentenced him to a prison term of 52 months. Though this term fell within the maximum sentence prescribed by statute, 20-years imprisonment, and the applicable sentence range under the Sentencing Guidelines, 46 to 57 months, Ochoa-Torres appeals the sentence, arguing that it is substantively unreasonable, in that it is greater than necessary to serve the sentencing objectives set forth in 18 U.S.C. § 3553(a)(2). We disagree and accordingly affirm. We evaluate the substantive reasonableness of a sentence under the deferential abuse-of-discretion standard, Gall v. United States, 552 U.S. 38, 46, 128 S.Ct. 586, 594, 169 L.Ed.2d 445 (2007), taking into account the totality of the facts and circumstances relating to the offense and the offender. United States v. Irey, 612 F.3d 1160, 1189 90 (11th Cir. 2010) (en banc). The relevant inquiry is whether the sentence . . . fails to achieve the purposes of sentencing as stated in section 3553(a). United States v. Talley, 431 F.3d 784, 788 (11th 2005). The § 3553(a) factors include: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (3) the need for deterrence; (4) the need to protect the public; (5) the need to provide the defendant with needed educational or vocational training or medical care; (6) the kinds of sentences available; (7) the Sentencing Guidelines range; (8) pertinent policy statements of the Sentencing Commission; (9) the need to 2 Case: 12-15728 Date Filed: 05/24/2013 Page: 3 of 3 avoid unwanted sentencing disparities; and (10) the need to provide restitution to victims. Id. at 786 (summarizing 18 U.S.C. § 3553(a)). The weight given to each § 3553(a) factor is a matter committed to the sound discretion of the district court. United States v. Clay, 483 F.3d 739, 743 (11th Cir. 2007) (quotation omitted). Ochoa-Torres fails to show that the District Court imposed a substantively unreasonable sentence. The record reflects that the court considered and weighed the § 3553(a) sentencing factors, including Ochoa-Torres s lengthy criminal history, as well as his request for a sentence below the Guidelines sentence range. AFFIRMED. 3
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