USA v. Raymond Elijah Wortham, No. 13-12363 (11th Cir. 2013)
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Case: 13-12363 Date Filed: 12/11/2013 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 13-12363 Non-Argument Calendar ________________________ D.C. Docket No. 1:12-cr-00041-MP-GRJ-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAYMOND ELIJAH WORTHAM, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (December 11, 2013) Before MARCUS, MARTIN and FAY, Circuit Judges. PER CURIAM: Raymond Wortham appeals his sentence that was imposed after a guilty plea for attempted use of interstate commerce to induce a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). On appeal, Wortham argues that the Case: 13-12363 Date Filed: 12/11/2013 Page: 2 of 3 district court did not address or explain, as required by 18 U.S.C. § 3553(c)(1), its rejection of Wortham s mitigation argument or its reasons for imposing the sentence that it did. After thorough review, we affirm. We review de novo the sufficiency of the district court s explanation under 18 U.S.C. § 3553(c)(1), even if the defendant did not object below. United States v. Bonilla, 463 F.3d 1176, 1181 (11th Cir. 2006). A district court is required to state reasons for its particular sentence, and if the sentence is of a kind and within the range recommended by the Guidelines and that range exceeds 24 months, the reason for imposing a sentence at a particular point within that range. 18 U.S.C. § 3553(c)(1); Bonilla, 463 F.3d at 1181. Section 3553(c)(1) applies to the district court s statements at the time of sentencing and in open court. 18 U.S.C. § 3553(c). A district court is not required to incant the specific language used in the guidelines or articulate its consideration of each individual § 3553(a) factor, so long as the record reflects the district court s consideration of the § 3553(a) factors. Bonilla, 463 F.3d at 1182. More generally, the district court should set forth enough to satisfy the appellate court that the court has considered the parties arguments and has a reasoned basis for exercising its own legal decision-making authority. Rita v. United States, 551 U.S. 338, 356 (2007). The appropriateness of the brevity or length of a district court s reasons for accepting or rejecting an 2 Case: 13-12363 Date Filed: 12/11/2013 Page: 3 of 3 argument depends upon the circumstances, leaving much to the court s judgment. Id. Where the defendant or prosecutor presents nonfrivolous reasons for imposing a different sentence, however, the judge will normally go further and explain why he has rejected those arguments. Sometimes the circumstances will call for a brief explanation; sometimes they will call for a lengthier explanation. Id. at 357. Here, even though the district court s explanation for Wortham s sentence was terse, the district court said that it had read the letters submitted prior to the sentencing hearing on Wortham s behalf. After the district court heard substantial argument from both parties about the appropriate sentence and Wortham s allocution, the district court determined that the mid-range guideline sentence was sufficient for punishment and for deterrence. The court also concluded that the PSI was accurate. The district court further provided that it had considered the § 3553(a) factors in imposing sentence. On this record, Wortham has failed to show that the district court violated § 3553(c)(1) or committed any other significant procedural error. AFFIRMED. 3
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