[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-15016 ELEVENTH CIRCUIT
Non-Argument Calendar SEPTEMBER 8, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:03-cr-00042-JEC-JFK-1
UNITED STATES OF AMERICA,
lllllllllllllllllllllllllllllllllllllPlaintiff-Appellee,
versus
ANTONIO E. MOSES,
llllllllllllllllllllll lllllllllDefendant-Appellant.
________________________
No. 10-15050
Non-Argument Calendar
________________________
D.C. Docket No. 1:10-cr-00164-JEC-1
UNITED STATES OF AMERICA,
lllllllllllllllllllllllllllllllllllllPlaintiff-Appellee,
versus
ANTONIO MOSES,
llllllllllllllllllllll lllllllllDefendant-Appellant.
________________________
Appeals from the United States District Court
for the Northern District of Georgia
________________________
(September 8, 2011)
Before TJOFLAT, PRYOR and FAY, Circuit Judges.
PER CURIAM:
Antonio Moses appeals his sentence of 41 months of imprisonment for mail
fraud, 18 U.S.C. § 1341, and making false statements, id. § 1001, and his sentence
to a consecutive term of 19 months of imprisonment following the revocation of
his supervised release for his convictions in 2005 for conspiring to defraud the
United States, id. § 371, and wire fraud, id. § 1343. Moses argues that the district
court should have excluded from its calculation of loss the amount of a fraudulent
loan for which Roland Lane Jr. applied. Moses also argues that his sentence for
violating his supervised release is procedurally unreasonable. We affirm.
The district court did not clearly err by including in Moses’s amount of loss
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the fraudulent loan for which Lane applied. Moses “aided” or “abetted” Lane in
applying for the fraudulent loan “during the commission of [Moses’s] offense of
conviction, in preparation for that offense, or in the course of attempting to avoid
detection or responsibility for that offense.” United States Sentencing Guidelines
Manual § 1B1.3(a)(1). Moses allowed Lane to use in his loan application false
information about his employment with Moses’s shell corporation, Atlanta
Construction Group, and Moses verified that false information about Lane’s
purported employment when queried by the lender. Officer Jan Moses examined
loan applications filed by Moses and determined that he had used the same false
information to apply for at least two loans and to obtain at least one loan and 13
lines of credit.
Moses’s sentence for violating his supervised release is procedurally
reasonable. The district court considered the sentencing factors and found that
Moses’s conduct was “very serious,” his actions “show[ed] no willingness and no
inclination to ever change,” that his “schemes” posed a “danger to our economic
system and to those who rely on the person’s honesty,” and “the only way to
protect people is to keep [him] in jail longer.” See 18 U.S.C. § 3553(a). Moses
complains that the district court did not address the need to provide educational or
vocational training or to avoid unwarranted sentencing disparities, id. §
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3553(a)(4), (a)(6), but “[t]he district court need not state on the record that it has
explicitly considered each factor and need not discuss each factor,” United States
v. Dorman, 488 F.3d 936, 938 (11th Cir. 2007). The district court provided a
sufficient explanation for its sentence.
We AFFIRM Moses’s sentences.
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