[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
September 22, 2005
No. 05-11902 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 04-00437-CR-1-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEONEL CUADROS-RAYA,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(September 22, 2005)
Before TJOFLAT, BIRCH and BARKETT , Circuit Judges.
PER CURIAM:
Appellant pled guilty to unlawful reentry by a deported alien, in violation of
8 U.S.C. § 1326(a) and (b)(2), and the district court sentenced him to a prison term
of thirty-three months to run consecutively to a sentence appellant was (and still is)
serving in a state penitentiary. He now appeals his sentence, contending that it is
“unreasonable.” See United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160
L.Ed.2d 621 (2005). It is unreasonable, he says, because the court should have
provided that the sentence run partially concurrently with his state sentence, rather
than consecutively.
Booker instructs that after consulting the Sentencing Guidelines, a
sentencing judge is to consider the “sentencing goals” set out in 18 U.S.C.
§ 3553(a). Id. ___, 125 S.Ct. at 764. Section 3553(a), in turn, instructs that the
judge first consider, among other things, the nature and circumstances of the
offense, the history and characteristics of the defendant, and the need for the
sentence to reflect the seriousness of the offense, promote respect for the law, and
provide just punishment for the offense.
In the circumstances of this case, we conclude that appellant’s sentence is
reasonable. The court properly determined the Guidelines sentence range, treated
that range as advisory, and considered all of the § 3553(a) factors. After doing
this, the court imposed a relatively minimal sentence given the fact that appellant
was subject to a twenty-year maximum sentence, see 8 U.S.C. § 1326(b)(2).
AFFIRMED.
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