USCA11 Case: 23-11477 Document: 26-1 Date Filed: 08/30/2023 Page: 1 of 6
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11477
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL MONTAY MARTIN,
a.k.a. Mojo,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:17-cr-00167-ELR-JFK-1
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2 Opinion of the Court 23-11477
____________________
Before WILSON, LUCK and DUBINA, Circuit Judges.
PER CURIAM:
Appellant Michael Martin appeals his sentence of 12 months
and 1 day imposed by the district court following the revocation of
his supervised release under
18 U.S.C. § 3583(g). Martin argues
that his sentence is substantively unreasonable because the district
court failed to consider any mitigating factors regarding his depres-
sion and stress, for which he used marijuana. After reading the par-
ties’ briefs and reviewing the record, we affirm Martin’s sentence.
I.
We review for abuse of discretion a sentence’s reasonable-
ness, regardless of whether that sentence falls inside or outside of
the guideline range. Gall v. United States,
552 U.S. 38, 51,
128 S. Ct.
586, 597 (2007). The party challenging the substantive reasonable-
ness of the sentence bears the burden of establishing that it is un-
reasonable based on the record, the
18 U.S.C. § 3553(a) factors, and
“the substantial deference afforded [to] sentencing courts.” United
States v. Rosales-Bruno,
789 F.3d 1249, 1256 (11th Cir. 2015). Under
this standard, we may affirm a sentence even though we would
have imposed a different sentence had we been in the district
court’s position. United States v. Irey,
612 F.3d 1160, 1189 (11th Cir.
2010) (en banc).
II.
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23-11477 Opinion of the Court 3
Martin contends on appeal that his sentence is substantively
unreasonable under the
18 U.S.C. § 3553(a) factors because the dis-
trict court failed to consider that his marijuana usage to treat his
depression and to help alleviate stress did not affect his employ-
ment or cause recidivism. Martin claims that many medical pro-
fessionals have accepted marijuana as an effective medication to
treat mental illness like depression and anxiety. He alleges that the
district court failed to consider or explain this mitigating factor in
formulating a sentence. The government responds that Martin
raises this issue for the first time on appeal, that the pre-sentence
investigation report did not document a history of mental or emo-
tional problems, and that the district court noted that his marijuana
usage for an alleged valid reason did not affect the sentence estima-
tion.
A sentence is substantively unreasonable only when the dis-
trict court “(1) fails to afford consideration to relevant factors that
were due significant weight, (2) gives significant weight to an im-
proper or irrelevant factor, or (3) commits a clear error of judgment
in considering the proper factors.” Rosales-Bruno,
789 F.3d at 1256
(quotation marks omitted). We “commit[] to the sound discretion
of the district court the weight to be accorded to each § 3553(a) fac-
tor,” United States v. Perkins,
787 F.3d 1329, 1342 (11th Cir. 2015),
and the district court is “permitted to attach great weight to one
factor over others,” United States v. Riley,
995 F.3d 1272, 1279 (11th
Cir. 2021) (quotation marks omitted). Further, a failure to discuss
mitigating evidence does not indicate that the court “erroneously
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4 Opinion of the Court 23-11477
‘ignored’ or failed to consider this evidence.” United States v.
Amedeo,
487 F.3d 823, 833 (11th Cir. 2007).
We will vacate a district court’s sentence “only if we are left
with the ‘definite and firm’ conviction that the district court com-
mitted a clear error of judgment in weighing the § 3553(a) factors
by arriving at a sentence that [is] outside the range of reasonable
sentences dictated by the facts of the case.” United States v. Gold-
man,
953 F.3d 1213, 1222 (11th Cir. 2020) (quoting Irey,
612 F.3d at
1190). We do not apply a presumption of reasonableness to sen-
tences within the guideline range, but we ordinarily expect such a
sentence to be reasonable. United States v. Stanley,
739 F.3d 633, 656
(11th Cir. 2014).
Section 3553(a)’s “overarching” instruction to sentencing
courts is that any sentence must be sufficient but not greater than
necessary to comply with the purposes listed in § 3553(a)(2). Kim-
brough v. United States,
552 U.S. 85, 101,
128 S. Ct. 558, 570 (2007);
18 U.S.C. § 3553. When imposing a sentence upon revocation of
supervised release, the district court considers the following
§ 3553(a) factors: the nature and circumstances of the offense; the
defendant’s history and characteristics; the sentences available and
relevant sentencing range; the need to deter criminal conduct, pro-
tect the public, provide the defendant with training or other cor-
rectional treatment, avoid disparities between defendants, and pro-
vide for restitution; and any pertinent policy statements.
18 U.S.C.
§§ 3583(e)(3), 3553(a)(1), (a)(2)(B)-(D), (a)(4)-(7).
III.
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23-11477 Opinion of the Court 5
The record demonstrates that the district court did not err
in imposing Martin’s sentence. Martin cannot meet his burden to
show that his sentence is substantively unreasonable based on the
record, the § 3553 factors, and the substantial deference afforded
the district court. Martin failed to alleviate the district court’s con-
cerns about his failure to comply with the terms of his supervised
release. At the first revocation hearing, the district court indicated
that it was concerned about Martin’s continued marijuana usage,
his failure to participate in a substance abuse treatment program,
and his failure to follow the probation officer’s instructions. The
district court allowed Martin two months to prove he could main-
tain sobriety, but Martin failed to do so.
At the second revocation hearing, the district court noted
that Martin continued to use marijuana and ceased participating in
drug abuse counseling treatment. At this hearing, Martin ex-
plained for the first time that he used marijuana to treat his depres-
sion and to alleviate his stress. Although the district court did not
expressly note that issue, there is no indication that the district
court failed to consider this argument because it noted that Mar-
tin’s arguments did not affect its decision. The district court was
within its discretion to weigh Martin’s failures to comply with his
supervised release conditions more heavily than any alleged men-
tal health issues. Thus, Martin cannot show that the sentence is
substantively unreasonable. Moreover, Martin’s sentence was
within his Guideline range, and this also indicates that the sentence
was reasonable.
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6 Opinion of the Court 23-11477
Accordingly, based on the aforementioned reasons, we af-
firm the district court’s imposition of a 12 months and 1 day sen-
tence following the revocation of Martin’s supervised release.
AFFIRMED.
