[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 10-11928 DEC 29, 2010
Non-Argument Calendar JOHN LEY
CLERK
________________________
D.C. Docket No. 1:09-cr-00338-JEC-JFK-1
UNITED STATES OF AMERICA,
lllllllllllllllllllll Plaintiff-Appellee,
versus
JORGE LAGUNAS-CAVALLER,
lllllllllllllllllllllDefendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(December 29, 2010)
Before TJOFLAT, BLACK and CARNES, Circuit Judges.
PER CURIAM:
Jorge Lagunas-Cavaller appeals his 60-month sentence, imposed following
his guilty plea to illegally reentering the United States, in violation of 8 U.S.C.
§§ 1326(a) and (b)(2). Lagunas-Cavaller asserts his sentence was substantively
unreasonable, because it was unsupported by the § 3553(a) factors. He further
argues a 60-month sentence would lead to unwarranted discrepancies between his
sentence and those of similarly situated defendants. After review, we affirm
Lagunas-Cavaller’s sentence.1
Lagunas-Cavaller’s 60-month sentence is substantively reasonable. The
sentence was within the applicable guideline range and well below the statutory
maximum for the offense. Moreover, the court gave due consideration to the §
3553(a) factors, and imposed a sentence that was sufficient, but not greater than
necessary, to comply with the purposes of sentencing. Lastly, Lagunas-Cavaller
has failed to demonstrate that he was similarly situated to any defendant who had a
similar record and was found guilty of similar conduct, but who received a shorter
sentence.
AFFIRMED.
1
We review a final sentence for reasonableness. United States v. Winingear, 422 F.3d
1241, 1244-45 (11th Cir. 2005). Reasonableness review is akin to the deferential abuse-of-
discretion standard. Gall v. United States, 552 U.S. 38, 41 (2007).
2