USA v. Jorge Enrique Bello Terriquez, No. 05-16856 (11th Cir. 2007)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT JANUARY 18, 2007 THOMAS K. KAHN CLERK No. 05-16856 Non-Argument Calendar ________________________ D. C. Docket No. 04-00182-CR-T-27-EAJ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE ENRIQUE BELLO TERRIQUEZ, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (January 18, 2007) Before ANDERSON, CARNES, and PRYOR, Circuit Judges. PER CURIAM: Jorge Enrique Bello Terriquez appeals, as unreasonable, his 135-month concurrent sentences imposed pursuant to his guilty plea for possessing with the intent to distribute 5 kilograms or more of cocaine while on board a vessel subject to the jurisdiction of the United States and for conspiring to do those activities, in violation of 46 App. U.S.C. § 1903(a),(g), and (j) and 21 U.S.C. § 960(b)(1)(B)(ii). Terriquez argues that the district court did not give fair consideration to any factors other than the advisory Guideline range and maintains that the district court s general reference to 18 U.S.C. § 3553(a), followed by the imposition of a Guidelines sentence, did not satisfy its statutory duty to consider the § 3553(a) factors. We review the final sentence imposed by the district court for reasonableness. United States v. Winingear, 422 F.3d 1241, 1244 (11th Cir. 2005). The district court s imposition of a sentence and our reasonableness inquiry are guided by the factors outlined in § 3553(a). United States v. Talley, 431 F.3d 784, 786 (11th Cir. 2005); Winingear, 422 F.3d at 1246. The § 3553(a) factors take into account: (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 avoid unwanted sentencing disparities; and (10) the need to provide restitution to victims. Talley, 431 F.3d at 786. [T]here is a range of reasonable sentences from which the district court may choose. Id. at 788. While a sentence within the advisory Guidelines range is not, per se, a reasonable sentence, we ordinarily expect such a sentence to be reasonable. Id. at 787-88. The burden of establishing that the sentence is unreasonable in light of the record and the § 3553(a) factors lies with the party challenging the sentence. Id. at 788. The district court is not obligated to specifically address and analyze every § 3553(a) factor on the record. United States v. Scott, 426 F.3d 1324, 1329 (11th Cir. 2005). Rather, the district court s statement that it has considered those factors is sufficient. Id. at 1330. In this case, the district court heard Terriquez s arguments at sentencing, expressly considered the § 3553(a) factors, including the need for the sentence to reflect the seriousness of the offense, promote respect for the law, and provide just punishment, and found that a sentence at the low end of the Guideline range was appropriate to satisfy the purposes of sentencing. Thus, Terriquez s sentence was reasonable. See Scott, 426 F.3d at 1330. Upon review of the record and consideration of the parties briefs, we affirm Terriquez s sentences. AFFIRMED. 3
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