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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-11353
Non-Argument Calendar
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D.C. Docket No. 6:11-cr-00173-ACC-DAB-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
CARLOS RODRIGUEZ,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(January 11, 2013)
Before CARNES, BARKETT and BLACK, Circuit Judges.
PER CURIAM:
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Carlos Rodriguez appeals his 97-month sentence, imposed at the low end of
the applicable guideline range, after pleading guilty to one count of receiving child
pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and (b)(2). On appeal,
Rodriguez argues his sentence is unreasonable because it is based on the
fundamentally flawed U.S.S.G. § 2G2.2 guideline.
We review the reasonableness of a sentence under a deferential abuse of
discretion standard. Gall v. United States, 128 S. Ct. 586, 591 (2007). We first
ensure the sentence was procedurally reasonable. Gall, 128 S. Ct. at 597. Once
we determine a sentence is procedurally sound, we examine whether the sentence
was substantively unreasonable in light of the totality of the circumstances and 18
U.S.C. § 3553(a) factors. Id. “The party challenging the sentence bears the
burden to show it is unreasonable in light of the record and the § 3553(a) factors.”
United States v. Tome, 611 F.3d 1371, 1378 (11th Cir. 2010).
Rodriguez has challenged his sentence as procedurally and substantively
unreasonable because the district court relied on U.S.S.G. § 2G2.2. We have
rejected the argument that § 2G2.2 is flawed. See United States v. Wayerski, 624
F.3d 1342, 1354 (11th Cir. 2010); United States v. Irey, 612 F.3d 1160, 1212 n.32
(11th Cir. 2010) (en banc); United States v. Pugh, 515 F.3d 1179, 1201 n.15 (11th
Cir. 2008). Thus, Rodriguez’s argument that the child pornography guidelines are
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inherently flawed is unavailing as it is foreclosed by prior precedent. United
States v. Kaley, 579 F.3d 1246, 1255 (11th Cir. 2009). Moreover, Rodriguez’s
sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and
the totality of the circumstances. Gall, 128 S. Ct. at 597. Because Rodriguez has
not met his burden of showing an abuse of discretion, we affirm his sentence as
reasonable.
AFFIRMED.
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