United States v. Michael Romeo St. Romain

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-15051 ELEVENTH CIRCUIT
JULY 9, 2012
Non-Argument Calendar
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:10-cr-00094-JOF-LTW-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL ROMEO ST. ROMAIN,
Defendant-Appellant.
__________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(July 9, 2012)
Before EDMONDSON, PRYOR and FAY, Circuit Judges.
PER CURIAM:
Michael Romeo St. Romain appeals his sentence of imprisonment of 57
months after pleading guilty to one count of conspiracy to defraud the United
States by filing false income tax returns. 18 U.S.C. § 286. St. Romain argues that
his sentence is unreasonable. We affirm.
We review the reasonableness of a sentence under a deferential standard for
abuse of discretion. Gall v. United States, 552 U.S. 38, 41, 128 S. Ct. 586, 591
(2007).
St. Romain’s sentence is reasonable. The sentence is more than a year below
the applicable guideline range of 70 to 87 months of imprisonment and less than
half the statutory maximum sentence of 120 months of imprisonment. The district
court considered St. Romain’s argument about his criminal history and
immigration status, but the district court was entitled to reject St. Romain’s request
for a greater variance. The district court did not abuse its discretion.
AFFIRMED.
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