Case: 17-14029 Date Filed: 05/18/2018 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-14029
Non-Argument Calendar
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D.C. Docket No. 0:17-cr-60033-WPD-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHENANE BABBS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(May 18, 2018)
Before WILSON, WILLIAM PRYOR, and ANDERSON, Circuit Judges.
PER CURIAM:
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Shenane Babbs, a federal prisoner who pled guilty to one count of wire fraud
in violation of
18 U.S.C. § 1343, appeals her 32-month sentence. On appeal,
Babbs argues that the district court’s sentence was substantively unreasonable. We
affirm.
We review the reasonableness of a sentence under the abuse-of-discretion
standard. United States v. Foster,
878 F.3d 1297, 1304 (11th Cir. 2018). The
party who challenges the sentence bears the burden to show that the sentence is
unreasonable in light of the record and the § 3553(a) factors. United States v.
Tome,
611 F.3d 1371, 1378 (11th Cir. 2010).
The district court must impose a sentence “sufficient, but not greater than
necessary, to comply with the purposes” listed in
18 U.S.C. § 3553(a)(2). United
States. v. Irey,
612 F.3d 1160, 1196 (11th Cir. 2010) (en banc). The court must
also consider the nature and circumstances of the offense and the history and
characteristics of the defendant.
18 U.S.C. § 3553(a)(1).
The weight given to any specific § 3553(a) factor is committed to the sound
discretion of the district court. United States v. Langston,
590 F.3d 1226, 1237
(11th Cir. 2009). We will only remand for resentencing when “left with the
definite and firm conviction that the district court committed a clear error of
judgment in weighing the § 3553(a) factors by arriving at a sentence that lies
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outside the range of reasonable sentences dictated by the facts of the case.” United
States v. Pugh,
515 F.3d 1179, 1191 (11th Cir. 2008).
A sentence imposed well below the statutory maximum penalty is an
indicator of a reasonable sentence. United States v. Dougherty,
754 F.3d 1353,
1362 (11th Cir. 2014). Although the court need not presume that a sentence within
the guideline range is reasonable, we ordinarily expect such a sentence to be
reasonable. United States v. Hunt,
526 F.3d 739, 746 (11th Cir. 2008).
Here, the district court did not abuse its discretion in imposing Babbs’s
sentence. The guideline range was 33 to 41 months, and the statutory maximum
was 240 months. The 32-month sentence was below the guideline range, and was
substantially below the statutory maximum. These are two indicia of
reasonableness. Further, the district court expressly considered the § 3553 factors,
and thoughtfully weighed the mitigating and aggravating circumstances when
making its decision. The court made a reasonable determination in light of this
information, and it did not abuse its discretion.
AFFIRMED.
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