United States v. Ashley Coffey

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 12a1202n.06
No. 12-5050
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA, ) FILED
) Nov 20, 2012
Plaintiff-Appellee, ) DEBORAH S. HUNT, Clerk
)
v. )
) ON APPEAL FROM THE UNITED
ASHLEY COFFEY, ) STATES DISTRICT COURT FOR
) THE WESTERN DISTRICT OF
Defendant-Appellant. ) KENTUCKY
Before: MARTIN and WHITE, Circuit Judges; ECONOMUS, District Judge.*
PER CURIAM. Ashley Coffey, who is represented by counsel, appeals a district court
judgment sentencing him to 120 months of imprisonment.
Coffey pleaded guilty to transporting child pornography over the internet and possessing
child pornography. Coffey’s presentence report established an advisory sentencing guidelines range
of 151 to 188 months of imprisonment. The district court subsequently sentenced Coffey to 120
months of imprisonment.
We review the reasonableness of a sentence for an abuse of discretion. United States v.
Carter, 510 F.3d 593, 600 (6th Cir. 2007). A sentence imposed by a district court must be
procedurally and substantively reasonable. Gall v. United States, 552 U.S. 38, 51 (2007). For a
sentence to be procedurally reasonable, the district court “must properly calculate the guidelines
range, treat the guidelines as advisory, consider the § 3553(a) factors and adequately explain the
*
The Honorable Peter C. Economus, United States Senior District Judge for the Northern
District of Ohio, sitting by designation.
No. 12-5050
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chosen sentence.” United States v. Grossman, 513 F.3d 592, 595 (6th Cir. 2008). “The goal of the
procedural reasonableness requirement is to ensure that a sentencing court explains its reasoning to
a sufficient degree to allow for reasonable appellate review.” United States v. Dexta, 470 F.3d 612,
614 (6th Cir. 2006).
The district court considered Coffey’s history and characteristics, focusing on his age and
physical condition. The court stated that it imposed Coffey’s sentence based on the factors set forth
in § 3553(a). The court took time to consider all of Coffey’s arguments, continuing the sentencing
hearing for a second day. Because the substance of the district court’s analysis demonstrates that it
considered the factors of § 3553(a), the sentence is procedurally reasonable. See United States v.
Collington, 461 F.3d 805, 809–10 (6th Cir. 2006).
Once we determine that a sentence is procedurally sound, we “should then consider the
substantive reasonableness of the sentence imposed.” Gall, 552 U.S. at 51. “A sentence may be
considered substantively unreasonable when the district court selects a sentence arbitrarily, bases the
sentence on impermissible factors, fails to consider relevant sentencing factors, or gives an
unreasonable amount of weight to any pertinent factor.” United States v. Conatser, 514 F.3d 508,
520 (6th Cir. 2008).
The district court did not arbitrarily select Coffey’s sentence. The district court considered
the pertinent § 3553(a) factors, taking particular note of Coffey’s history and characteristics. The
record establishes that Coffey’s sentence is substantively reasonable. See United States v. Bacon,
617 F.3d 452, 460 (6th Cir. 2010).
The district court’s judgment is affirmed.