Case: 11-14984 Date Filed: 10/31/2012 Page: 1 of 5
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_____________________________
No. 11-14984
Non-Argument Calendar
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D. C. Docket No. 2:11-cr-00186-RDP-TMP-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JEREMY PAUL STUBBLEFIELD,
Defendant-Appellant.
_________________________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________________________
(October 31, 2012)
Before HULL, EDMONDSON, and BLACK, Circuit Judges.
PER CURIAM:
Jeremy Paul Stubblefield, who pleaded guilty to two counts of enticing a
minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b), appeals his
Case: 11-14984 Date Filed: 10/31/2012 Page: 2 of 5
total 204-month sentence. No reversible error has been shown; we affirm.
Stubblefield challenges the procedural and substantive reasonableness of his
sentence. On procedure, Stubblefield argues that the district court failed to
consider properly the 18 U.S.C. § 3553(a) factors when the court imposed his
sentence. On substance, Stubblefield contends that his sentence is greater than
necessary to achieve the statutory purposes of sentencing.
We review a final sentence for procedural and substantive reasonableness.
United States v. Gonzalez, 550 F.3d 1319, 1323 (11th Cir. 2008). A sentence
might be procedurally unreasonable if the district court fails to explain adequately
the chosen sentence. Id. We evaluate the substantive reasonableness of a sentence
under a deferential abuse-of-discretion standard. Gall v. United States, 552 U.S.
38, 51, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007). The party challenging the
reasonableness of the sentence bears the burden of establishing that the sentence is
unreasonable in the light of both the record and the section 3553(a) factors.
United States v. Talley, 431 F.3d 784, 788 (11th Cir 2005).*
*
Under section 3553(a), a district court should consider the nature and circumstances of the
offense, the history and characteristics of the defendant, the need for the sentence to provide
adequate deterrence, respect for the law, and protection of the public, policy statements of the
Sentencing Commission, provision for the medical and educational needs of the defendant, and
the need to avoid unwarranted sentencing disparities. See 18 U.S.C. § 3553(a)(1)-(7).
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We conclude that Stubblefield’s sentence -- which was well within the
applicable guidelines range of 188 to 235 months -- was both procedurally and
substantively reasonable. See id. (noting that “ordinarily we would expect a
sentence within the Guidelines range to be reasonable”). The sentence was well
below the statutory maximum of life imprisonment. See United States v.
Winingear, 422 F.3d 1241, 1246 (11th Cir. 2005) (comparing, as one indication of
reasonableness, the actual prison term imposed against the statutory maximum).
No procedural error occurred. The district court explicitly noted that it had
considered the advisory guideline range, the presentence investigation report
outlining Stubblefield’s offense conduct, his lack of a criminal history, and his
arguments in support of a 120-month statutory minimum sentence; and the court
concluded that Stubblefield’s case did not warrant a sentence below the guidelines
range. The district court’s statement of reasons was sufficient. See Rita v. United
States, 551 U.S. 338, 356-59, 127 S.Ct. 2456, 2468-69, 168 L.Ed.2d 203 (2007) (a
lengthy explanation is not necessarily required when a judge decides to follow the
guidelines in a particular case, especially where a sentencing judge has listened to
the arguments of the parties, considered the supporting evidence, and was aware of
the special conditions of the defendant).
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Stubblefield’s argument that the court’s statement did not reflect a
consideration of relevant section 3553(a) factors plainly is belied by the record.
The court highlighted that it considered the nature and circumstances of
Stubblefield’s offense, including that his crimes involved minors who he believed
to be 13 and 11 years old, respectively. See United States v. Pugh, 515 F.3d 1179,
1202 (11th Cir. 2008) (we have upheld severe sentences in child sex offenses
because of the seriousness of those crimes). And nothing in the record supports
Stubblefield’s contention that the district court treated the guidelines range as
mandatory. That the court stated that it did not see a reason to vary downward in
Stubblefield’s case was not impermissible: a district court can inquire into whether
the case before it is a typical case that would have been fully within the
contemplation of the Sentencing Commission. See United States v. Livesay, 525
F.3d 1081, 1090 (11th Cir. 2008).
That Stubblefield felt other section 3553(a) factors -- his age, lack of
criminal history, and cooperation with the government -- weighed in favor of a
lower sentence does not make the district court’s choice of sentence unreasonable.
“The weight to be accorded any given [section] 3553(a) factor is a matter
committed to the sound discretion of the district court, and we will not substitute
our judgment in weighing the relevant factors.” United States v. Amedeo, 487
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F.3d 823, 832 (11th Cir. 2007) (quotation and citation omitted). We cannot say
that the total 204-month within-range sentence failed to reflect the purposes of
sentencing or that the district court committed “a clear error of judgment in
weighing the [section] 3553(a) factors by arriving at a sentence that lies outside
the range of reasonable sentences dictated by the facts of the case.” See Pugh, 515
F.3d at 1203 (quotation and citation omitted).
AFFIRMED.
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