Case: 19-10328 Date Filed: 10/04/2019 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 19-10328
Non-Argument Calendar
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D.C. Docket No. 2:04-cr-14027-KAM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IVORY CHARLES BRINSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(October 4, 2019)
Before MARCUS, WILLIAM PRYOR and GRANT, Circuit Judges.
PER CURIAM:
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Ivory Charles Brinson, a federal prisoner, appeals his sentence of 27 months
of imprisonment and supervised release for life following the third revocation of
his supervised release. Brinson argues that his sentence is procedurally and
substantively unreasonable. We affirm.
Brinson’s sentence is procedurally reasonable. The district court correctly
calculated that Brinson had an advisory guidelines range of 21 to 27 months of
imprisonment for violating four conditions of his supervised release. Brinson
argues that the district court ignored his request for a sentence at the low end of his
sentencing range based on his health and age, but the district court “carefully
considered the statements of all parties” in fashioning an appropriate sentence. The
district court also provided a reasoned basis for its decision to sentence Brinson at
the high end of his sentencing range and to reimpose a term of supervised release
for life. See United States v. Dorman, 488 F.3d 936, 944 (11th Cir. 2007). The
district court stated that its sentence was based on “the information contained in the
violation report” and Brinson’s history of having violated the terms of his
supervised release less than six months after receiving a grant of executive
clemency and of reoffending a few months after serving an additional 14 months in
prison.
Brinson’s sentence also is substantively reasonable. While on supervised
release, Brinson tested positive four times for using marijuana. After his fourth
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violation, he served a term of imprisonment, which failed to deter him from
unlawfully possessing and using marijuana on four more occasions, submitting a
urine specimen that tested positive for cocaine, and using cocaine and possessing
drug paraphernalia while associating with drug dealers. Brinson even violated the
law while on bond by using marijuana after leaving an inpatient drug facility on
the false pretense of seeking treatment for heart issues. The district court
reasonably determined that a within-guidelines sentence of 27 months of
imprisonment followed by a life term of supervised release was required to punish
Brinson for his refusal to comply with and disrespect for the law, to deter future
similar crimes, and to provide treatment for his drug and alcohol addictions. See 18
U.S.C. § 3553; United States v. Brinson, 693 F. App’x 858, 859 (11th Cir. 2017)
(affirming supervised release for life following first revocation). And the decision
to weigh heavily Brinson’s criminal history was “entirely consistent with § 3553(a)
because five of the factors it requires a court to consider are related to criminal
history.” United States v. Rosales-Bruno, 789 F.3d 1249, 1263 (11th Cir. 2015).
The district court did not abuse its discretion.
We AFFIRM Brinson’s sentence.
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