United States v. Michael Reed

391 F. App'x 857
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 12, 2010
Docket09-16062
StatusUnpublished

This text of 391 F. App'x 857 (United States v. Michael Reed) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Michael Reed, 391 F. App'x 857 (11th Cir. 2010).

Opinion

PER CURIAM:

Appellant Michael Reed appeals his 57-month sentence for conspiracy to distribute, and possession with intent to distribute, a mixture or substance containing cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(A)(ii), and 846. On appeal, Reed argues that the district court committed procedural error under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), by failing to explain its sentence adequately and by misapprehending its own authority to consider his community-support evidence under the statutory factors. Reed also argues that his sentence is substantively unreasonable because he presented ample mitigating evidence that, when considered with the statutory factors, supported a lower sentence. Reed further argues that his sentence was unreasonable because it resulted in an unwarranted sentencing disparity between himself and his more culpable codefendant and that sentencing disparities also existed between himself and similarly situated defendants nationwide. He claims that the statistics demonstrate the district court engaged in reverse discrimination by penalizing him more harshly because he was well-educated and had a successful medical career. Reed finally argues that the district court’s refusal to consider his community-support evidence rendered his sentence substantively unreasonable.

I.

We review the reasonableness of sentences imposed under the advisory Sentencing Guidelines under an abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 56, 128 S.Ct. 586, 600, 169 L.Ed.2d 445 (2007). We first review a sentence for procedural reasonableness to ensure that the district court committed no significant procedural error, such as improperly calculating the guidelines range, treating the guidelines as mandatory, failing to consider the § 3553(a) factors, selecting a sentence based on clearly erroneous facts, or failing to explain adequately the chosen sentence. Id. at 51, 128 S.Ct. at 597. In relevant part, § 3553(a) provides that a sentencing court “shall consider: (1) the nature and circumstances of the offense and the history and characteristics of the defendant[.]” 18 U.S.C. § 3553(a)(1). The statute specifically provides that “[n]o limitation shall be placed on the information concerning the background, character, and conduct of a person ... which [the sentencing court] may receive and consider for the purpose of imposing an appropriate sentence.” 18 U.S.C. § 3661; see also United States v. Amedeo, 487 F.3d 823, 833 (11th Cir.2007) (noting that, “after Booker, ‘courts may still consider relevant facts concerning a defendant’s background, character, and conduct’ when imposing a reasonable sentence.”) (quoting United States v. Faust, 456 F.3d 1342, 1348 (11th Cir.2006)). The burden of establishing unreasonableness lies with the party challenging the sentence. United States v. Talley, 431 F.3d 784, 788 (11th Cir.2005).

In relevant part, 18 U.S.C. § 3553 requires the district court to “state in open court the reasons for its imposition of the particular sentence[.]” 18 U.S.C. § 3553(c). Accordingly, a sentencing *860 judge “should set forth enough to satisfy the appellate court that he has considered the parties’ arguments and has a reasoned basis for exercising his own legal decision-making authority.” Rita v. United States, 551 U.S. 338, 356, 127 S.Ct. 2456, 2468, 168 L.Ed.2d 203 (2007). A sentencing judge is not required to state expressly on the record which, if any, § 3553(a) factors were considered in determining a sentence. United States v. Ortiz-Delgado, 451 F.3d 752, 758 (11th Cir.2006). Rather, “an acknowledgment by the district court that it has considered the defendant’s arguments and the [statutory] -factors in section 3553(a) is sufficient under Booker.” Talley, 431 F.3d at 786; see also Rita, 551 U.S. at 358, 127 S.Ct. at 2469 (holding that a brief explanation of the sentencing decision was sufficient, in part, because the record showed that the district court considered the defendant’s supporting evidence).

However, in order to preserve an issue for appeal, the defendant must “raise that point in such clear and simple language that the trial court may not misunderstand it.” United States v. Massey, 443 F.3d 814, 819 (11th Cir.2006) (internal quotation marks omitted); see United States v. Reyes-Vasquez, 905 F.2d 1497, 1500 (11th Cir.1990) (“Plain talk by lawyers is necessary for clear understanding by judges.”). We review arguments raised for the first time on appeal only for plain error. United States v. Spoerke, 568 F.3d 1236, 1244 (11th Cir.2009). “Plain error occurs where (1) there is an error; (2) that is plain or obvious; (3) affecting the defendant’s substantial rights in that it was prejudicial and not harmless; and (4) that seriously affects the fairness, integrity or public reputation of the judicial proceedings.” Id. at 1244-45 (quoting United States v. Hall, 314 F.3d 565, 566 (11th Cir.2002)). In plain-error review, the defendant bears the burden to prove that his substantial rights were affected. United States v. Monroe, 353 F.3d 1346, 1352 (11th Cir.2003).

We review Reed’s challenge to the district court’s sentencing explanation for plain error only. Because Reed did not object in the district court, we thus conclude from the record that the district court satisfied the requirements of § 3553(c), and accordingly, committed no error, plain or otherwise, in its explanation of Reed’s sentence.

The district court abused its discretion to the extent that it declined to consider Reed’s evidence of community support, based on a belief that such evidence could not be considered under the statutory factors.

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Related

United States v. Robert Hall
314 F.3d 565 (Eleventh Circuit, 2002)
United States v. David Wayne Monroe
353 F.3d 1346 (Eleventh Circuit, 2003)
United States v. John Kevin Talley
431 F.3d 784 (Eleventh Circuit, 2005)
United States v. Marissa Giselle Massey
443 F.3d 814 (Eleventh Circuit, 2006)
United States v. Pascual Ortiz-Delgado
451 F.3d 752 (Eleventh Circuit, 2006)
United States v. Lesmarge Valnor
451 F.3d 744 (Eleventh Circuit, 2006)
United States v. Nathan Deshawn Faust
456 F.3d 1342 (Eleventh Circuit, 2006)
United States v. Damon Amedeo
487 F.3d 823 (Eleventh Circuit, 2007)
United States v. Pugh
515 F.3d 1179 (Eleventh Circuit, 2008)
United States v. Spoerke
568 F.3d 1236 (Eleventh Circuit, 2009)
United States v. Booker
543 U.S. 220 (Supreme Court, 2004)
Rita v. United States
551 U.S. 338 (Supreme Court, 2007)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
United States v. Hector Enrique Reyes-Vasquez
905 F.2d 1497 (Eleventh Circuit, 1990)
United States v. Anthony Chotas
968 F.2d 1193 (Eleventh Circuit, 1992)
United States v. Susan Regueiro
240 F.3d 1321 (Eleventh Circuit, 2001)

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391 F. App'x 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-reed-ca11-2010.