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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-12421
Non-Argument Calendar
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D.C. Docket No. 2:13-cr-14055-JEM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIO CEASER LUNA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(January 27, 2015)
Before WILSON, MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:
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Luna pled guilty to one count of conspiracy to manufacture and distribute
methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846 and five counts
of possession with intent to distribute various amounts of methamphetamine in
violation of 21 U.S.C. § 841(a)(1). On appeal, Luna argues that his sentence was
substantively unreasonable because the district court did not properly weigh the
factors listed in 18 U.S.C. § 3553(a). He contends that the court improperly denied
his motion for a downward variance in light of his history of mental health
problems, substance abuse issues, and troubled upbringing. Luna also argues that
the court placed undue emphasis on the need to deter future criminal activity.
We review the substantive reasonableness of a sentence for abuse of
discretion. Gall v. United States, 552 U.S. 38, 41, 128 S. Ct. 586, 591 (2007). In
reviewing such reasonableness, we consider the totality of the circumstances. Id.
at 51, 128 S. Ct. at 597. The party challenging the sentence bears the burden of
establishing that the sentence is substantively unreasonable in light of the record
and the § 3553(a) factors. United States v. Rodriguez, 628 F.3d 1258, 1264 (11th
Cir. 2010).
When imposing a sentence, a court must consider a variety of factors,
including: the nature and circumstances of the offense, the history and
characteristics of the defendant, the need for the sentence to reflect the seriousness
of the offense, the need to deter criminal conduct and protect the public, the kinds
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of sentences available, and the advisory guideline range for a sentence. 18 U.S.C.
§ 3553(a). The weight given to each of the § 3553(a) factors is subject to review,
but we will vacate the sentence only if we are “left with the definite and firm
conviction that the district court committed a clear error of judgment in weighing
the § 3553(a) factors.” United States v. Pugh, 515 F.3d 1179, 1191 (11th Cir.
2008) (internal quotation marks omitted). “Generally, the weight accorded to any
of those factors is committed to the sound discretion of the district court, and this
Court will not substitute its judgment in weighing the relevant factors.” United
States v. Dougherty, 754 F.3d 1353, 1361 (11th Cir. 2014). The substantive
reasonableness of a sentence is indicated where the sentence is well below the
statutory maximum penalty. See United States v. Gonzales, 550 F.3d 1319, 1324
(11th Cir. 2008) (per curiam) (holding that the sentence was reasonable in part
because it was well below the statutory maximum).
Luna’s total sentence of 270 months, which included a departure for
substantial assistance under U.S.S.G. § 5K1.1, is substantively reasonable. Luna
fails to carry his burden of showing that the district court abused its discretion in its
consideration of the § 3553(a) factors. The district court clearly stated that it had
considered the arguments of the parties, the presentence report, which discussed
Luna’s mental health problems, and all of the § 3553(a) factors, including the
characteristics of the defendant, in reaching its decision. The court coherently
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articulated the reasoning behind its decision and did not rely too heavily on the
need to deter Luna from future criminal conduct. Finally, Luna’s sentence was
imposed well below the statutory maximum—and even the low end of the
guideline range. See Gonzales, 550 F.3d at 1324. Accordingly, we affirm the
sentence as reasonable.
AFFIRMED.
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