United States v. Carlos Aguilar

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 10-12385 SEPTEMBER 30, 2010
Non-Argument Calendar JOHN LEY
________________________ CLERK
D.C. Docket No. 0:08-cr-60313-WJZ-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS AGUILAR,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(September 30, 2010)
Before EDMONDSON, BARKETT and MARTIN, Circuit Judges.
PER CURIAM:
Carlos Aguilar appeals his 12-month, low-end guidelines sentence imposed
after he pled guilty to being an unlawfully present alien in possession of a firearm,
in violation of 18 U.S.C. § 922(g)(5). On appeal, Aguilar argues that his sentence
is procedurally unreasonable because, in ordering his sentence to run
consecutively to an undischarged term of imprisonment in New York state court,
the district court did not consider the relevant factors in 18 U.S.C. § 3553(a) or
U.S.S.G. § 5G1.3. Aguilar also argues that his sentence is substantively
unreasonable because it is longer than necessary to achieve the statutory purposes
of sentencing, as outlined in § 3553(a).
Having reviewed the record, we find that the district court stated that it
considered the statutory factors, the presentence investigation report, and the
statements by the parties, all of which provided the court with the relevant
information outlined in 18 U.S.C. § 3553(a) and U.S.S.G. § 5G1.3. It is apparent
that the district court considered the relevant factors and parties’ arguments and no
procedural error occurred. We cannot say that the district court’s rationale for the
sentence imposed is legally insufficient or that there is clear error in judgment in
the court’s weighing of the § 3553(a) factors to arrive at a low-end guidelines
sentence of 12 months’ imprisonment.
AFFIRMED.
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