United States v. Gary Bernard Cain , 167 F. App'x 580 ( 2006 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 05-2612
    ___________
    United States of America,               *
    *
    Appellee,            * Appeal from the United States
    * District Court for the District
    v.                                * of Minnesota.
    *
    Gary Bernard Cain,                      *      [UNPUBLISHED]
    *
    Appellant.           *
    ___________
    Submitted: February 13, 2006
    Filed: February 17, 2006
    ___________
    Before WOLLMAN, FAGG, and ARNOLD, Circuit Judges.
    ___________
    PER CURIAM.
    Gary Bernard Cain pleaded guilty to three counts of bank robbery. At the plea
    hearing, Cain agreed he was a career offender based on his criminal history, and his
    resulting sentencing guidelines range was 168-210 months. After the district court
    rejected his objections to the presentence report at sentencing, Cain agreed the 168-
    210 range was correct. The district court* sentenced Cain at the bottom of the
    advisory guidelines range to 168 months in prison and three years of supervised
    release. Cain appeals arguing his post-Booker sentence is unreasonably long and the
    *
    The Honorable Ann D. Montgomery, United States District Judge for the
    District of Minnesota.
    district court failed to cite sentencing factors contained in 
    18 U.S.C. § 3553
    (a). Cain
    has not overcome the presumption that his sentence within the advisory guidelines
    range is reasonable. See United States v. Lincoln, 
    413 F.3d 716
    , 717-18 (8th Cir.
    2005). The district court properly considered the guidelines range and applied the
    other factors in § 3553(a), including the nature, seriousness, and circumstances of the
    offense, Cain’s criminal history and characteristics, and the need to promote respect
    for the law, provide just punishment, and deter criminal conduct. The district court
    was not required to enumerate each factor listed in § 3553(a). United States v.
    Lamoreaux, 
    422 F.3d 750
    , 756 (8th Cir. 2005). The court also stated reasons why the
    factors supported a sentence of 168 months.
    Considering the record as a whole, we cannot say the district court imposed an
    unreasonable sentence. Accordingly, we affirm.
    ______________________________
    -2-
    

Document Info

Docket Number: 05-2612

Citation Numbers: 167 F. App'x 580

Filed Date: 2/17/2006

Precedential Status: Non-Precedential

Modified Date: 1/12/2023