[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 06-11135 OCTOBER 17, 2006
Non-Argument Calendar THOMAS K. KAHN
CLERK
________________________
D. C. Docket No. 05-20719-CR-DMM
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARTURO ORGANES-GANDAVILLA,
a.k.a. Arturo Organes Gandavilla,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(October 17, 2006)
Before MARCUS, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
Arturo Organes-Gandavilla appeals his combined sentence of 228 months of
imprisonment for conspiracy to possess with intent to distribute five or more
kilograms of cocaine while on board a vessel, 46 U.S.C. App. § 1903(a),
possession with intent to distribute five or more kilograms of cocaine while on
board a vessel, 46 U.S.C. App. § 1903(j), and possession of a firearm during and in
relation to a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A). Organes-Gandavilla
argues that his sentence is unreasonable because of an unwarranted sentencing
disparity between his sentence and the sentences of his co-conspirators. We
affirm.
“We review the sentence imposed by the district court for reasonableness.”
United States v. Talley, 431 F.3d 784, 786 (11th Cir. 2005). “[W]hen the district
court imposes a sentence within the advisory Guidelines range, we ordinarily will
expect that choice to be a reasonable one.” Id.
Section 3553 of the sentencing guidelines includes as a sentencing factor
“the need to avoid unwarranted sentence disparities among defendants with similar
records who have been found guilty of similar conduct.” 18 U.S.C. § 3553(a)(6).
The district court considered this factor and found that the greater sentence
imposed on Organes-Gandavilla was not unwarranted because Organes-Gandavilla
was responsible for a firearm. The sentence imposed was not unreasonable.
2
The sentence is
AFFIRMED.
3