United States v. Joshua Lang Whigan

Case: 17-15386 Date Filed: 10/01/2018 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-15386
Non-Argument Calendar
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D.C. Docket No. 2:16-cr-00568-MHT-CSC-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSHUA LANG WHIGAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Alabama
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(October 1, 2018)
Before WILSON, BRANCH, and FAY, Circuit Judges.
PER CURIAM:
Case: 17-15386 Date Filed: 10/01/2018 Page: 2 of 2
Joshua Whigan appeals his 180-month sentence for being a felon in
possession of ammunition, in violation of 18 U.S.C. § 922(g)(1), imposed as the
result of his classification as an armed career criminal under the Armed Career
Criminal Act (ACCA), 18 U.S.C. § 924(e). On appeal, he argues that his sentence
was a violation of the Eighth Amendment and substantively unreasonable.
We review for plain error when a defendant fails to object to an alleged error
before the district court. See United States v. Raad, 406 F.3d 1322, 1323 (11th Cir.
2005) (per curiam). When a defendant expressly consents to or affirmatively seeks
a district court’s decision, he is deemed to have invited any error the court may
have made and thus waives appellate review for plain error. United States v.
Brannan, 562 F.3d 1300, 1306 (11th Cir. 2009).
Whigan waived these challenges to his sentence by requesting the 180-
month mandatory minimum sentence that the district court imposed. In any event,
our circuit and “every circuit to have considered the issue has concluded that the
15-year minimum mandatory sentence under ACCA is neither disproportionate to
the offense nor cruel and unusual punishment.” United States v. Reynolds, 215
F.3d 1210, 1214 (11th Cir. 2000) (per curiam).
AFFIRMED.
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