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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 20-12365
Non-Argument Calendar
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D.C. Docket No. 8:15-cr-00029-SDM-AEP-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ADRIAN LAMAR SIMS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(April 1, 2021)
Before MARTIN, BRANCH, and LAGOA, Circuit Judges.
PER CURIAM:
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Adrian Sims appeals his 60-month total sentence, imposed upon revocation of
his supervised release. Sims argues that his sentence, which was at the high end of
the guideline range and the statutory maximum, was substantively unreasonable
because the court gave inordinate weight to his age, placed insufficient weight on
the government’s low-end sentence recommendation, and failed to consider
mitigating factors, including, his difficulty in finding steady employment, his
acceptance of responsibility for the offenses, and his repeated expressions of
remorse. Because the record shows that the district court did not place improper
weight on Sims’s age and did consider mitigating factors, such as Sims’s acceptance
of responsibility and remorse for his actions, in imposing a sentence that was
supported by the record and the
18 U.S.C. § 3553(a) factors, we conclude that Sims
failed to establish that the sentence imposed was substantively unreasonable. We
therefore affirm the sentence imposed.
We review the sentence imposed upon revocation of supervised release for
reasonableness, United States v. Velasquez,
524 F.3d 1248, 1252 (11th Cir. 2008),
which “merely asks whether the trial court abused its discretion” based on the
“totality of the circumstances,” United States v. Pugh,
515 F.3d 1179, 1189-90 (11th
Cir. 2008) (quotation marks omitted). The party challenging the sentence bears the
burden to show it is unreasonable. Pugh,
515 F.3d at 1189.
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Before imposing a sentence upon revocation of supervised release, the district
court is required to consider several factors set forth in
18 U.S.C. § 3553(a).
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U.S.C. § 3583(e)(3). The court shall impose a sentence sufficient, but not greater
than necessary, to comply with the need for the sentence imposed to deter criminal
conduct; protect the public; and provide the defendant with needed educational,
vocational, medical, or other correctional treatment.
Id. §§ 3553(a), 3583(e). In
addition, the district court must consider the nature and circumstances of the offense,
the history and characteristics of the defendant, the applicable guidelines range, the
pertinent policy statements of the Sentencing Commission, the need to avoid
unwarranted sentencing disparities, and the need to provide restitution to the victim.
Id. §§ 3553(a)(1), (4)-(7), 3583(e)(3).
Although we do not automatically presume a sentence falling within the
advisory guideline range is reasonable, we ordinarily expect such a sentence to be
reasonable. United States v. Hunt,
526 F.3d 739, 746 (11th Cir. 2008). Nonetheless,
a district court can abuse its discretion when it: (1) fails to consider all factors that
were due significant weight, (2) gives an improper or irrelevant factor significant
weight, or (3) commits a clear error of judgment by balancing the proper factors
unreasonably. United States v. Irey,
612 F.3d 1160, 1189 (11th Cir. 2010) (en banc).
Unjustified reliance upon any one of the § 3553(a) factors may also indicate an
unreasonable sentence. United States v. Crisp,
454 F.3d 1285, 1292 (11th Cir. 2006)
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(vacating sentence of only five hours’ imprisonment for bank fraud, even though the
defendant had provided substantial assistance that was crucial in the prosecution of
his codefendant, where the court “focused single-mindedly on the goal of restitution
to the detriment of all of the other sentencing factors”). However, the district court
is “not required to state on the record that it has explicitly considered each of the §
3553(a) factors or to discuss each of the § 3553(a) factors.” United States v.
Sanchez,
586 F.3d 918, 936 (11th Cir. 2009) (quotation marks omitted).
Instead, it is enough when the “court considers the defendant’s arguments at
sentencing and states that it has taken the § 3553(a) factors into account.” Id.
Although the district court must consider all the applicable § 3553(a) factors, it does
not have to give all of them equal weight and it may in its sound discretion attach
“great weight to one factor over others.” United States v. Rosales-Bruno,
789 F.3d
1249, 1254 (11th Cir. 2015) (quotation marks omitted). “A district court’s sentence
need not be the most appropriate one, it need only be a reasonable one.” Irey,
612
F.3d at 1191; see, e.g., United States v. Pearson,
940 F.3d 1210, 1218 (11th Cir.
2019) (guideline sentence not greater than necessary where court thoughtfully
considered the §3553(a) factors, even though “[the defendant] wishe[d] the Court
had weighed the factors differently” and had given greater weight to his self-
improvement). The combined effect of all these principles is that “[s]ubstantively
unreasonable sentences are rare.” United States v. Kirby,
938 F.3d 1254, 1259 (11th
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Cir. 2019) (quotation marks omitted). We will only reverse a sentence if we are “left
with the definite and firm conviction that the district court committed a clear error
of judgment in weighing the § 3553(a) factors by arriving at a sentence that lies
outside the range of reasonable sentences dictated by the facts of the case.” Pugh,
515 F.3d at 1191 (quotation marks omitted).
Here, the district court did not abuse its discretion by imposing a 60-month
total sentence. In explaining its upper-guideline range decision, the district court
stated that Sims was a “Category VI violent offender who ha[d] rapidly . . . and
repeatedly reoffended after release[] from a lengthy sentence.” The district court
also emphasized that each offense was “flagrant” and “involve[d] violence” and
“drug sales.” Three of Sims’s four supervised-release violations were drug-related
offenses consistent with his original drug-related offense in 2003 and five prior drug-
related convictions beginning in his early twenties. The district court was well
within its discretion to conclude that a sentence at the statutory maximum and high
end of the guideline range was necessary to achieve the sentencing goals. Rosales-
Bruno, 789 F.3d at 1254; see
18 U.S.C. § 3553(a); see, e.g., Pearson, 940 F.3d at
1218.
Additionally, although the district court may have focused on Sims’s age in
determining whether to impose a supervised-release term, it did not do so
“singlemindedly” to the detriment of other mitigating factors. See Crisp,
454 F.3d
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at 1292. In arriving at its sentencing decision, the district court expressly explained
that it had considered the
18 U.S.C. § 3553(a) factors, the PSI report generated for
Sims’s original 2003 proceedings, the applicable guideline range, and all other
materials submitted to the district court on the matter, in addition to considering the
parties’ recommendations and Sims’s allocution at the hearing.
For the reasons stated, we conclude that the district court did not abuse its
discretion by imposing a 60-month total sentence following revocation of Sim’s
supervised release. Because the sentence imposed is supported by the record and
the
18 U.S.C. § 3553(a) factors, we affirm the sentence.
AFFIRMED.
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