[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
April 14, 2008
No. 07-12768 THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 06-10035-CR-KMM
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN CARLOS VALENZUELA,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(April 14, 2008)
Before WILSON, COX and BOWMAN,* Circuit Judges.
PER CURIAM:
*
Honorable Pasco M. Bowman II, United States Circuit Judge for the Eighth Circuit,
sitting by designation.
Valenzuela pled guilty to 28 counts of knowingly inducing aliens to enter
the United States, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv) and 18 U.S.C. § 2.
The applicable Guidelines range was 33 to 41 months’ imprisonment, but the
district court sentenced Valenzuela to the statutory maximum of 60 months’
imprisonment.
On appeal, Valenzuela argues that the sentence was not reasonable in light
of the 18 U.S.C. § 3553(a) factors. In addition to his arguments concerning the
substantive reasonableness of the sentence, Valenzuela more specifically asserts
that, under § 3553(a)(6), the district court created an unwarranted sentencing
disparity between himself and his co-defendant, who received a 33-month
sentence.
After a careful consideration of the briefs, review of the record on appeal,
and having heard oral argument in the matter, we are unable to conclude that the
district court misapplied § 3553(a)(6). Nor are we able to conclude that the
sentence Valenzuela received was otherwise unreasonable. Accordingly, we
affirm.
AFFIRMED.
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