Case: 13-12703    Date Filed: 02/25/2014   Page: 1 of 3


                                                             [DO NOT PUBLISH]

               IN THE UNITED STATES COURT OF APPEALS

                        FOR THE ELEVENTH CIRCUIT
                          ________________________

                                 No. 13-12703
                             Non-Argument Calendar
                           ________________________

                    D.C. Docket No. 6:12-cr-00192-JA-GJK-1



UNITED STATES OF AMERICA,

                                                                  Plaintiff-Appellee,

                                       versus

JOHN HENRY RAFTOPOULOS,

                                                              Defendant-Appellant.

                           ________________________

                   Appeal from the United States District Court
                       for the Middle District of Florida
                         ________________________

                                (February 25, 2014)

Before HULL, MARCUS and PRYOR, Circuit Judges.

PER CURIAM:

      John Raftopoulos appeals his sentence of 120 months imprisonment,

following his plea of guilty to robbery of a bank using force and violence or
              Case: 13-12703     Date Filed: 02/25/2014    Page: 2 of 3


intimidation. See 18 U.S.C. § 2113(a). Raftopoulos argues that his sentence is

unreasonable. We affirm.

      Raftopoulos, a career offender, walked into a bank in Palm Beach, Florida,

with a black pouch strapped to his body and passed a note to a teller that stated as

follows: “I AM WILLING TO DIE FOR THIS MONEY. ARE YOU. ALL THE

MONEY – STACK! NO DYE PACK-TRANSMITTER.” With money in hand,

Raftopoulos glanced at the teller and patted his black pouch. Raftopoulos had a

criminal history of VI that included prior convictions for bank robbery and

possession by a felon of a firearm equipped with a silencer. Raftopoulos blamed

his crimes on various addictions, but the district court found that he had a “pattern

of criminal conduct [beginning at age 14 that] [was] interrupted primarily by time

in prison.”

      The district court reasonably determined that a sentence at the low end of

Raftopoulos’s advisory guideline range of 120 to 150 months of imprisonment was

necessary to address his crime; his lack of respect for the law; his history of

offenses involving “force and violence”; and to prevent him from committing

future similar crimes that endangered the public. See United States v. Talley, 

, 788 (11th Cir. 2005). Moreover, Raftopoulos faced a maximum

statutory penalty of 20 years, but was incorrectly assigned an offense level of 29

instead of an offense level of 32, see United States Sentencing Guidelines Manual


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              Case: 13-12703    Date Filed: 02/25/2014   Page: 3 of 3


§ 4B1.1(b) (Nov. 2012), which would have resulted in a guidelines range between

151 and 188 months of imprisonment, 

A. The district court did not

abuse its discretion in imposing a sentence of 120 months, which is well below the

statutory maximum penalty for Raftopoulos’s offense. See United States v.

Gonzalez, 

, 1324 (11th Cir. 2008).

      We AFFIRM Raftopoulos’s sentence.




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