United States v. Mark Stephen Carron

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-15021 ELEVENTH CIRCUIT
Non-Argument Calendar JUNE 14, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 8:10-cr-00295-RAL-TBM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARK STEPHEN CARRON,
Defendant-Appellant,
__________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(June 14, 2011)
Before PRYOR, MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:
Mark Stephen Carron appeals his sentence of 96 months of imprisonment
for possessing a firearm as a convicted felon. 18 U.S.C. § 922(g)(1). Carron
argues that his sentence is unreasonable. We affirm.
Carron’s sentence is reasonable. Carron was convicted previously of
possessing a firearm as a convicted felon and, as the district court found, received
a “tremendous break” by being sentenced to 6 months of imprisonment and 24
months of supervised release. Four months after he completed that sentence,
police officers found Carron in possession of burglary tools, tactical vests and
equipment, and “some very serious weapons,” including four semi-automatic
handguns, a pipe bomb, and seven improvised explosive devices. The district
court reasonably determined that the guideline range of 70 to 87 months of
imprisonment failed to address adequately Carron’s decision to “do the same
thing” on a “more egregious scale,” and that an upward variance was necessary to
address the seriousness of Carron’s offense, his disregard for the law, and his
recidivism, and to provide a just punishment and protect the public. 18 U.S.C. §
3553(a). The district court did not abuse its discretion by sentencing Carron to a
term of imprisonment nine months above the top of the guideline range and well
below the statutory maximum term of 120 months of imprisonment.
Carron’s sentence is AFFIRMED.
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