United States v. Alberto Pena-Lopez ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
OCT 17, 2008
No. 08-12697 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 04-00036-CR-01-WCO-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERTO PENA-LOPEZ,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(October 17, 2008)
Before ANDERSON, HULL and PRYOR, Circuit Judges.
PER CURIAM:
Alberto Pena-Lopez challenges his sentence of 12 months of imprisonment
after revocation of his supervised release. Pena-Lopez argues that his sentence is
unreasonable because the district court failed to consider that he re-entered the
United States illegally to support his family. We affirm.
We review a sentence imposed after revocation of supervised release for
reasonableness. See United States v. Sweeting, 437 F.3d 1105, 1106–07 (11th Cir.
2006). We review the reasonableness of a sentence for an abuse of discretion.
Gall v. United States, 128 S. Ct. 586, 597 (2007). “[T]he party who challenges the
sentence bears the burden of establishing that the sentence is unreasonable in the
light of both [the] record and the factors in section 3553(a).” United States v.
Talley, 431 F.3d 784, 788 (11th Cir. 2005).
The district court did not abuse its discretion by imposing a sentence within
the guideline range. Pena-Lopez entered the country illegally, which violated a
term of his supervised release. The district court stated that Pena-Lopez’s
recidivist conduct was “an act of defiance or [a] deliberate violation of the law”
that it found “disturbing.” The nature and circumstances of an offense and the
history and characteristics of a defendant are relevant to fashion an appropriate
sentence. See 28 U.S.C. §§ 3553(a), 3583(e)(3); United States v. Clay, 483 F.3d
739, 743 (11th Cir. 2007). Pena-Lopez’s sentence is reasonable.
AFFIRMED.
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