United States v. Enrique Maldonado Pineda

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
March 16, 2007
No. 06-12812 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________

D. C. Docket No. 03-00048-CR-1-SPM-AK

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ENRIQUE MALDONADO PINEDA,
a.k.a. 103M19-02,

Defendant-Appellant.

________________________

Appeal from the United States District Court
for the Northern District of Florida
_________________________

(March 16, 2007)

Before DUBINA, CARNES and BARKETT, Circuit Judges.

PER CURIAM:

Enrique Maldonado Pineda appeals his 169-month sentence for conspiracy
to distribute and possess with intent to distribute more than 50 grams of

methamphetamine and more than 500 grams of a mixture and substance containing

methamphetamine. Pineda argues that he received an unreasonable sentence

because the district court failed to consider properly the factors in 18 U.S.C.

§ 3553(a). Pineda also argues that, upon remand, this Court should order a new

judge to preside over his sentencing hearing because the earlier judge failed to

fairly consider the factors under Section 3553(a).

In sentencing Pineda, the district court considered his arguments for a

sentence below his applicable guideline range based on his personal characteristics

and the nature of the offense, and considered the available sentences and

appropriately consulted the Guidelines. 18 U.S.C. § 3553(a); United States v.

Talley, 431 F.3d 784, 785-88 (11th Cir. 2005). Accordingly, we cannot conclude

that the district court imposed an unreasonable sentence upon Pineda.

AFFIRMED.

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