Case: 18-13491 Date Filed: 12/11/2018 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-13491
Non-Argument Calendar
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D.C. Docket No. 1:18-cr-20164-JEM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MIGUEL LOUREIRO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(December 11, 2018)
Before MARTIN, JORDAN, and NEWSOM, Circuit Judges.
PER CURIAM:
The district court sentenced Miguel Loureiro to nine months of imprisonment
following his guilty plea to a charge of conspiracy to take a migratory bird with the
Case: 18-13491 Date Filed: 12/11/2018 Page: 2 of 2
intent to sell, offer, barter, or offer to barter such bird. See
18 U.S.C. § 371;
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U.S.C. §§ 703, 707(b)(1). Mr. Loureiro contends that his sentence – which was three
months above the top of the advisory sentencing guidelines range of zero to six
months – was substantively unreasonable.
Reviewing the reasonableness of the sentence for abuse of discretion, see Gall
v. United States,
552 U.S. 38, 46 (2007), we affirm. The factors district court relied
on – the lack of remorse (Mr. Loureiro did not admit that he was trapping migratory
birds for sale), the cruelty to one bird (Mr. Loureiro threw a bird against a wall and
then “crucified” it), the lack of respect for the law (Mr. Loureiro was driving with a
suspended license), and the need for deterrence (the district court believed that the
advisory range was “insufficient for the deterrence effect”) – sufficed to support the
three-month variance.
AFFIRMED.
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