Case: 15-10919 Date Filed: 09/22/2015 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-10919
Non-Argument Calendar
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D.C. Docket No. 4:14-cr-00031-CDL-MSH-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PERLEY PERKINS, JR.,
a.k.a. Perley Andrew Perkins, Jr.,
a.k.a. Eric Roland John Godlewski,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Georgia
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(September 22, 2015)
Before WILLIAM PRYOR, JULIE CARNES and FAY, Circuit Judges.
PER CURIAM:
Case: 15-10919 Date Filed: 09/22/2015 Page: 2 of 3
Perley Perkins, Jr., appeals his sentence of 57 months of imprisonment
following his pleas of guilty to two counts of bank fraud, 18 U.S.C. § 1344, and
one count of aggravated identity theft, id. § 1028A. The district court sentenced
Perkins to concurrent terms of 33 months for his bank fraud offenses and to a
consecutive term of 24 months for his identity theft offense. Perkins argues that his
sentences for bank fraud are procedurally unreasonable because the district court
failed to weigh adequately the statutory sentencing factors, 18 U.S.C § 3553(a), or
to explain its decision to impose sentences at the high end of his advisory guideline
range of 27 to 33 months of imprisonment. Perkins also argues that the sentences
for bank fraud are substantively unreasonable in the light of his acceptance of
responsibility, admission of guilt, and cooperation with law enforcement. Perkins
does not challenge his consecutive sentence of 24 months for aggravated identity
theft. We affirm.
Perkins’s sentences for bank fraud are procedurally and substantively
reasonable. The district court stated that it “considered the presentence report . . .
[and] the advisory sentencing range[,] . . . the sentencing factors[,] . . . [and] made
an individualized assessment based on the facts presented” at sentencing to select
appropriate sentences. The district court was not required to explain the weight that
it assigned any particular sentencing factor. See United States v. Talley, 431 F.3d
784, 786 (11th Cir. 2005). And the district court reasonably determined that
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sentences of 33 months would best serve the statutory purposes of sentencing. See
18 U.S.C. § 3553(a). Perkins used fraudulent identification and stolen account
holder information of 15 persons to withdraw from their accounts $129,335.48 at
18 branches of SunTrust Bank in four states. Perkins also had prior convictions for
obtaining property by false pretenses, robbery involving the use of a firearm, bank
robbery, and petit theft. That Perkins’s sentences for bank fraud are within the
advisory range and are far less than his maximum statutory penalty of 30 years of
imprisonment suggests that his sentences are reasonable. See United States v.
Gonzalez, 550 F.3d 1319, 1324 (11th Cir. 2008). The district court did not abuse its
discretion.
We AFFIRM Perkins’s sentence.
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