United States v. Alexis Fuentes ( 2020 )


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  •            Case: 19-12688   Date Filed: 04/24/2020   Page: 1 of 3
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 19-12688
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 1:18-cr-20449-FAM-1
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    ALEXIS FUENTES,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    ________________________
    (April 24, 2020)
    Before MARTIN, ROSENBAUM, and NEWSOM, Circuit Judges.
    PER CURIAM:
    Case: 19-12688    Date Filed: 04/24/2020    Page: 2 of 3
    Alexis Fuentes appeals his 84-month sentence on substantive reasonableness
    grounds. Fuentes argues that the district court abused its discretion by varying
    upward because it placed exclusive weight on the need to protect the public from
    his future crimes. We disagree, and we therefore affirm Fuentes’s sentence.
    We review the substantive reasonableness of a sentence under the deferential
    abuse-of-discretion standard of review. United States v. Osorio-Moreno, 
    814 F.3d 1282
    , 1287 (11th Cir. 2016). “A district court abuses its discretion when it (1) fails
    to afford consideration to relevant factors that were due significant weight, (2)
    gives significant weight to an improper or irrelevant factor, or (3) commits a clear
    error of judgment in considering the proper factors.” United States v. Irey, 
    612 F.3d 1160
    , 1189 (11th Cir. 2010) (en banc) (quotation omitted). A district court
    need not discuss each 18 U.S.C. § 3553(a) factor individually if it acknowledges,
    generally, that it considered the “defendant’s arguments and the § 3553(a) factors.”
    United States v. Gonzalez, 
    550 F.3d 1319
    , 1324 (11th Cir. 2008).
    The weight given to any specific § 3553(a) factor is “committed to the sound
    discretion of the district court.” United States v. Clay, 
    483 F.3d 739
    , 743 (11th Cir.
    2007) (internal quotation marks and citation omitted). Although “a district court’s
    unjustified reliance [on] any one § 3553(a) factor” may be indicative “of an
    unreasonable sentence,” United States v. Crisp, 
    454 F.3d 1285
    , 1292 (11th Cir.
    2006) (alteration adopted) (internal quotation marks and citation omitted), a district
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    Case: 19-12688     Date Filed: 04/24/2020    Page: 3 of 3
    court does not abuse its discretion by giving substantial weight to a § 3553(a)
    factor if the sentence imposed “was necessary to achieve the goals of sentencing.”
    
    Osorio-Moreno, 814 F.3d at 1288
    .
    Here, the district court did not, as Fuentes argues, “unjustifiably rel[y] upon
    a single § 3553(a) factor to the exclusion of [the] other[s].” The district court
    stated that, in coming to its sentencing decision, it considered § 3553(a) in its
    entirety. Although the district court did emphasize the need to “protect[] the
    public” from Fuentes given his string of previous robberies, it recognized that
    protecting the public is only one “part of sentencing.” Moreover, we have held
    that a district court may place “great weight” on the need to “protect the public”
    from the defendant’s future crimes—particularly where, as here, “shorter sentences
    . . . had not been enough to protect the public from [the defendant’s] lawlessness.”
    United States v. Shaw, 
    560 F.3d 1230
    , 1237, 1240–41 (11th Cir. 2009) (quotation
    omitted). Finally, the sentence imposed by the district court—84 months—was
    well below the 240-month statutory maximum, which we have held is indicative of
    a reasonable sentence. See 
    Gonzalez, 550 F.3d at 1324
    .
    Accordingly, we affirm.
    AFFIRMED.
    3