[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-16274 JULY 19, 2006
Non-Argument Calendar THOMAS K. KAHN
CLERK
________________________
D. C. Docket No. 05-00130-CR-T-26-EAJ
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN MADDOX,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(July 19, 2006)
Before TJOFLAT, MARCUS and WILSON, Circuit Judges.
PER CURIAM:
John Lee Maddox appeals the 84-month prison sentence the district court
imposed following his plea of guilty to possession of a firearm by a convicted
felon, in violation of 18 U.S.C. § 922(g). Maddox contends that the sentence is
unreasonable because it is greater than necessary to achieve the purposes of
sentencing set out in 18 U.S.C. § 3553(a). He suggests that a prison sentence
within the Guidelines sentence range of 51 to 63 months, which he believes the
court should have adopted, would be reasonable, especially in light of these facts:
(1) although his possession of the firearm was illegal, he needed the gun to protect
himself; (2) as the presentence investigation report indicates, he endured physical
and emotional abuse as a child which resulted in his running away at age 15 – the
age when his problems with drugs commenced.
In determining whether a sentence is unreasonable, we are mindful that
“[a]fter the district court has accurately calculated the Guideline range, it may
impose a more severe or more lenient sentence” than the sentence prescribed by
that range. United States v. Winingear, 422 F.3d 1241, 1244-1245 (11th Cir. 2005)
(internal quotations omitted). The district court is guided by the factors set forth in
§ 3553(a). Id. at 1246. These factors include the available sentences, applicable
guideline range, nature and circumstances of the offense, 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 and needed medical care. 18 U.S.C. §
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3553(a).
We conclude that the challenged sentence is not unreasonable. The sentence
is within the applicable Guidelines range of 77 to 96 months imprisonment, is less
than the maximum prescribed by statute, and takes into consideration, among other
things, Maddox’s criminal history and characteristics, and the need for the sentence
to provide adequate deterrence and protect the public.
AFFIRMED.
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