[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 07-14614 September 19, 2008
THOMAS K. KAHN
CLERK
D. C. Docket No. 03-00507 CR-RWS-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL BERRY CODY,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Georgia
(September 19, 2008)
Before DUBINA, HULL and FAY, Circuit Judges.
PER CURIAM:
Appellant Michael Berry Cody (“Cody”) appeals his 123-month sentence
stemming from his convictions of bank robbery, attempted bank robbery, and
using and carrying a firearm during and in relation to a crime of violence, in
violation of 18 U.S.C. § 2113(a), 18 U.S.C. § 2113(d), and 18 U.S.C. § 924(c),
respectively.
The only issue Cody presents on appeal is whether his 123-month sentence
is reasonable.
We review the district court’s imposition of a sentence under the abuse of
discretion standard. Gall v. United States, ___ U.S. ___, 128 S. Ct. 586, 597
(2007).
After reviewing the record, reading the parties’ briefs, and having the
benefit of oral argument, we conclude that Cody’s resentence1 is both procedurally
and substantively reasonable. The record demonstrates that the district court
properly calculated Cody’s sentencing range, acknowledged that it considered the
guidelines and 18 U.S.C. § 3553(a) factors, and sufficiently explained its
reasoning for the resentence imposed.
1
This is the second time we have considered an appeal of this case. In the first appeal, a
panel of this court, in an unpublished decision, affirmed Cody’s convictions, but vacated his
sentences on Counts 1 and 2, in light of the Supreme Court’s intervening decision in United States
v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005), and remanded the case for resentencing. See United
States v. Cody, 136 Fed. Appx. 297 (11th Cir. 2005).
2
AFFIRMED.
3