322 F. App'x 748

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo CENTELLA, a.k.a. this_dark_reality@yahoo.com, Defendant-Appellant.

No. 08-15016

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

April 6, 2009.

*749Brian Mendelsohn, Federal Public Defender, Stephanie Kearns, Federal Public Defender, Federal Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

Robert C. McBurney, Atlanta, GA, John Andrew Horn, U.S. Attorney’s Office, for Plaintiff-Appellee.

Before CARNES, HULL and WILSON, Circuit Judges.

PER CURIAM:

After pleading guilty, Ricardo Centella appeals his 78-month sentence for possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). On appeal, Cen-tella argues that his sentence is unreasonable. After review, we affirm.

In reviewing the reasonableness of a sentence, we apply an abuse-of-discretion standard using a two-step process. United States v. Pugh, 515 F.3d 1179, 1189-90 (11th Cir.2008) (relying on Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007)). First, we look at whether the district court committed any significant procedural error, such as miscalculating the advisory guidelines range, treating the guidelines as mandatory, failing to consider the 18 U.S.C. § 3553(a) factors, selecting a sentence based on clearly erroneous facts or failing to explain adequately the chosen sentence. Id. at 1190. Then, we look at whether the sentence is substantively reasonable under the totality of the circumstances. Id.

The party who challenges the sentence has the burden to show that it is unreasonable in light of the record and the § 3553(a) factors. United States v. Thomas, 446 F.3d 1348, 1351 (11th Cir.2006).1 Although we do not apply a presumption of *750reasonableness, we ordinarily expect a sentence within the correctly calculated advisory guidelines range to be reasonable. United States v. Hunt, 526 F.3d 739, 746 (11th Cir.2008).

Centella argues that his sentence is procedurally unreasonable because the district court relied on stereotypes and speculation about pedophilia. Specifically, Centella points to the district court’s comments during the sentencing hearing that pedophiles are “apparently wired differently” and that the court was “unaware of any literature that says that the social sciences or psychiatry can unwire somebody.” Centella argues that these comments were not supported by studies or other medical evidence in the record.2

Our review of the record does not reveal any procedural error. The district court adequately considered the correctly calculated advisory guidelines range,3 the § 3553(a) factors and Centella’s arguments in mitigation and gave an adequate explanation for the sentence imposed. Any speculation by the district court about whether Centella’s pedophilia was susceptible to treatment does not appear to have been the basis for his sentence. Rather, in reading the sentencing transcript as a whole, we conclude that the district court heard and discussed the parties’ arguments regarding Centella’s age, alien status, work history and family history, and determined that a sentence within the advisory guidelines range was appropriate because there was nothing unusual about Centella’s case.

Centella also argues that the district court failed to consider explicitly one of the § 3553(a) factors — the need to provide Centella with educational or vocational training, medical care or other correctional treatment.4 While the district court must consider the § 3553(a) factors, it is not required to state on the record that it has done so or to discuss each of the § 3553(a) factors. United States v. Scott, 426 F.3d 1324, 1329-30 (11th Cir.2005). It is sufficient if it is obvious from the record that the district court did in fact consider the § 3553(a) factors by its discussion of some of the factors in explaining its reasons for the sentence. See United States v. Dorman, 488 F.3d 936, 944 (11th Cir.), cert. denied, — U.S. -, 128 S.Ct. 427, 169 L.Ed.2d 299 (2007). Thus, the district court’s failure to specifically mention the need for medical treatment, training or *751education does not render Centella’s sentence procedurally unreasonable.

We also reject Centella’s argument that his 78-month sentence, at the low end of the advisory guidelines range, is substantively unreasonable. Centella ordered by mail seven DVDs depicting sexually explicit conduct by children between the ages of 7 and 16. A search of his computer revealed additional child pornography images. Centella also admitted to subscribing to child pornography websites with his credit card. It is undisputed that Centella possessed at least 600 images of child pornography. By receiving these images, Centella contributed to the continuing victimization of these children and encouraged the production of more images. See Pugh, 515 F.3d at 1195 (discussing the harm to children caused by the possession and distribution of child pornography). Accordingly, we find no merit to Centella’s argument that his low-end guidelines sentence failed to reflect the seriousness of the offense, provide just punishment, afford adequate deterrence or protect the public.5

Likewise, we find no indication that the district court gave undue weight to these factors to the exclusion of other factors, such as Centella’s history and personal characteristics. The district court considered Centella’s mitigation arguments, including the fact that he was 19 years old when he committed the offense, had quit school to support his family, had no prior criminal history or history of improper contact with children and would be deported when he finished his sentence. The district court concluded that these facts did not warrant a sentence below the advisory ’ guidelines range, and Centella has given us no reason to disturb the district court’s judgment in this regard. See United States v. Williams, 526 F.3d 1312, 1322 (11th Cir.2008) (“[T]he weight to be accorded any given § 3553(a) factor is a matter committed to the sound discretion of the district court.” (quotation marks omitted)).

Finally, citing Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), Centella argues that his sentence should have been lower because U.S.S.G. § 2G2.2, the guideline used to calculate his offense level, was not based on empirical data or developed in an informed manner. This Court already has rejected a Kimbrough-type challenge to § 2G2.2. See Pugh, 515 F.3d at 1201 n. 15. Thus, Centella’s argument is foreclosed by our precedent.

For all these reasons, Centella has failed to carry his burden to show that his 78-month sentence is unreasonable.

AFFIRMED.

United States v. Centella
322 F. App'x 748

Case Details

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United States v. Centella
Decision Date
Apr 6, 2009
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322 F. App'x 748

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