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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-14451
Non-Argument Calendar
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D.C. Docket No. 1:07-cr-00124-WKW-WC-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHRISTOPHER DWAYNE OWENS,
Defendant - Appellant.
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Appeal from the United States District Court
for the Middle District of Alabama
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(March 27, 2013)
Before HULL, JORDAN and KRAVITCH, Circuit Judges.
PER CURIAM:
Christopher Owens pleaded guilty to being a felon in possession of a firearm
in violation of 18 U.S.C. § 922(g)(1) and was sentenced to 120 months’
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imprisonment. On appeal, Owens argues that his sentence was procedurally and
substantively unreasonable because, although it runs concurrently to three
sentences he received for state convictions, it is consecutive to the other two. After
careful review, we affirm.
According to the presentence investigation report (PSI) introduced at the
sentencing hearing, in 2007, Owens held captive at gunpoint his ex-girlfriend, her
mother, and her three children and told them that if they did not go with him to
Florida, he would kill them. Based on this conduct, Owens was convicted in
Alabama state court in August 2010 of burglary, possession of a firearm with an
altered serial number, and assault. He received a life sentence on each count. In
December 2010, Owens received two further life sentences in state court for two
counts of assaulting corrections officers.
In 2008, Owens pleaded guilty in federal court to being a felon in possession
of a firearm for the 2007 incident on which his three August 2010 state convictions
were based. The district court sentenced Owens to 120 months’ imprisonment. 1
Owens argued that the federal sentence should run concurrently to all of his state
1
Owens was originally sentenced in federal court to 293 months’ imprisonment as an armed
career criminal, and this court affirmed his sentence. See United States v. Owens, 363 F. App’x
696 (11th Cir. 2010) (unpublished). The Supreme Court granted certiorari and vacated for
reconsideration of Owens’s status as an armed career criminal in light of Johnson v. United
States, 559 U.S. 133 (2010). See Owens v. United States, 131 S. Ct. 638 (2010). We vacated
Owens’s sentence and remanded, concluding the district court erred in sentencing Owens as an
armed career criminal. See United States v. Owens, 672 F.3d 966, 972 (11th Cir. 2012).
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sentences, but the district court concluded his sentence should be consecutive to his
two sentences for assaulting corrections officers. This is Owens’s appeal.
We review the reasonableness of a sentence under a deferential abuse-of-
discretion standard. Gall v. United States, 552 U.S. 38, 41 (2007). “We look first
at whether the district court committed any significant procedural error and then at
whether the sentence is substantively reasonable under the totality of the
circumstances.” United States v. Turner, 626 F.3d 566, 573 (11th Cir. 2010).
Owens argues that the district court’s decision that his federal sentence be
consecutive to his two state sentences for assaulting corrections officers was
procedurally unreasonable. Section 5G1.3 of the Sentencing Guidelines governs
the imposition of a federal sentence on a defendant subject to an undischarged state
term of imprisonment. Under § 5G1.3(c), the district court had discretion to
impose the federal sentence either consecutively or concurrently to Owens’s two
state sentences for assaulting corrections officers because they concerned different
offense conduct. See United States v. Bradford, 277 F.3d 1311, 1317 (11th Cir.
2002). When applying § 5G1.3(c), the district court should consider: (1) the
factors in 18 U.S.C. § 3553(a); (2) the type and length of the prior undischarged
sentence; (3) the time served on the undischarged sentence and the time likely to
be served before release; (4) whether the undischarged sentence was imposed in
state court; and (5) any other relevant circumstances. U.S.S.G. § 5G1.3, cmt.
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(n.3(A)). The § 3553(a) factors include, inter alia, the nature and circumstances of
the offense, the history and characteristics of the defendant, and the need to reflect
the seriousness of the offense. 18 U.S.C. § 3553(a).
The district court’s decision that Owens’s federal sentence be consecutive to
his two state sentences for assaulting corrections officers was procedurally
reasonable. In making its § 5G1.3(c) determination, the district court pointed to
the seriousness of his federal offense, among other factors. Owens argues that, in
considering that factor, the district court improperly considered his three state
convictions because they were based on the same underlying conduct. That
resulted in impermissible double-counting, he contends, because the court already
accounted for those three state convictions under § 5G1.3(b) when it decided his
sentence should run concurrently with them. 2 Although the federal offense and the
three state convictions involved the same underlying conduct, the district court did
not double-count the state offenses. Rather, the district court simply considered
the “nature and circumstances” of the federal offense for which Owens was being
sentenced as it was supposed to do under § 3553(a)(1).
Owens further argues that the district court’s decision that his federal
sentence be consecutive to his two state sentences for assaulting corrections
2
Under U.S.S.G. § 5G1.3(b), the district court must order a sentence to be served concurrently
with a term of imprisonment that “resulted from another offense that is relevant conduct to the
instant offense of conviction . . . .” The parties agree that the district court correctly ordered the
federal sentence to run concurrently with the three life sentences imposed in state court based on
the same conduct.
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officers resulted in a sentence that was substantively unreasonable. We examine
whether a sentence is substantively reasonable in light of the totality of the
circumstances. Turner, 626 F.3d at 573. The district court must impose a sentence
“sufficient, but not greater than necessary” to comply with the § 3553(a) factors.
18 U.S.C. § 3553(a). “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).
Owens has not met his burden to demonstrate that his sentence was
substantively unreasonable. Owens contends that his federal sentence should have
run concurrently with all of his state sentences in light of his mild mental
impairments, his rehabilitation efforts while incarcerated, the length of his state
sentences, and his age when he would be eligible for release. But the district court,
having considered Owens’s arguments and evidence, found that a sentence
consecutive to the two state sentences for assaulting corrections officers was
appropriate because: (1) it was uncertain how long Owens would be incarcerated
on his state convictions because he would be parole-eligible in 8 years and he had
previously served only 5 years of a 15-year state sentence for previous crimes; (2)
Owens had a serious criminal history, which included general instances of
violence; and (3) the offense conduct underlying this conviction was serious,
involving Owens holding his ex-girlfriend and her mother and three children
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captive with a pistol and threatening them. Owens has failed to show that the
district court abused its discretion.
Because Owens has not shown that his sentence was procedurally or
substantively unreasonable, we affirm.
AFFIRMED.
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