[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
FEBRUARY 28, 2007
No. 06-13966 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 06-00002-CR-01-TWT-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CESAR DAVID BARAHONA-CASTRO,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(February 28, 2007)
Before ANDERSON, BARKETT and PRYOR, Circuit Judges.
PER CURIAM:
Cesar David Barahona-Castro appeals his sentence of 37 months of
imprisonment imposed after he pleaded guilty to reentering the United States
illegally after deportation, 8 U.S.C. § 1326(a). Castro argues that his sentence,
which is at the low-end of the Guidelines range, is unreasonable. We affirm.
We review sentences for reasonableness, which is deferential. United States
v. Talley, 431 F.3d 784, 785, 788 (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. at 786.
Castro argues that his sentence is unreasonable because of the sentencing
disparity caused by the fast-track program, which is available in other districts but
not in the Northern District of Georgia. Castro also argues that the sentence is
unreasonable in the light of his history, characteristics, and the nature of his
offence. These arguments fail. The sentencing disparity created by the absence of
a fast-track program is not an appropriate consideration at sentencing. United
States v. Arevalo-Juarez, 464 F.3d 1246, 150-51 (11th Cir. 2006). The record
reflects that the district court considered the sentencing factors under section 3553,
including the nature of the offense and the history and characteristics of Castro,
and reasonably concluded that a sentence at the low-end of the guideline range was
sufficient.
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Castro’s sentence is
AFFIRMED.
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