PER CURIAM:
A federal grand jury returned a fourteen-count superseding indictment charging Donald Elliott Cromwell, Jr., Walter Emory Morsley, and four co-defendants with offenses arising from a string of armed robberies of commercial armored vehicles in the summer of 2008, in violation of 18 U.S.C. §§ 922(g), 924(c), 1951 (2006). Cromwell faced charges on account of robberies on May 9, June 13, July 22, and August 6. Morsley was involved only in the May 9 robbery. Cromwell and Morsley were convicted following a jury trial and sentenced to 1272 and 396 months' imprisonment, respectively. In these consolidated appeals, Cromwell asserts the district court erred in failing to require the presence of a particular law enforcement witness at the suppression hearing. Morsley argues that the district court erred in denying his Fed. R. Crim. P. 29 and 33 motions. Both Cromwell and Morsley challenge the reasonableness of their sentences. We affirm.
Cromwell argues that the district court's refusal to require the presence of Special Agent Vorndran at the suppression hearing deprived him of his constitutional right to confront the witness. A district court's evidentiary rulings are reviewed for abuse of discretion.
Cromwell's argument is without merit. To the extent he claims a violation of the Confrontation Clause, his claim must fail because "the confrontation right pertains only to adverse witnesses offering testimony at trial."
Morsley challenges the sufficiency of the evidence against him. He contends that his conviction is based on the uncorroborated and contradictory testimony of two unreliable witnesses. Morsley alleges several inconsistencies in the testimony between the two witnesses. He argues the district court erred in denying his motions for acquittal and for a new trial.
We review a district court's decision to deny a Rule 29 motion for a judgment of acquittal de novo and the denial of a Fed. R. Crim. P. 33 motion for a new trial for abuse of discretion.
Here, the jury's verdict was supported by substantial evidence. Despite some inconsistencies, the witnesses' testimony was largely in agreement. Each witness testified that Morsley participated in the robbery and was armed with a shotgun. Video surveillance images were consistent with the witnesses' accounts. The questions of credibility Morsley raises were resolved by the jury.
Turning to the sentences imposed by the district court, we review those sentences for reasonableness, applying an abuse of discretion standard.
In determining procedural reasonableness, we consider whether the district court properly calculated the defendant's advisory Guidelines range, considered the 18 U.S.C. § 3553(a) (2006) factors, analyzed any arguments presented by the parties, and sufficiently explained the selected sentence.
Cromwell contends that the district court did not give adequate consideration to the sentencing factors enumerated in § 3553. We disagree. The district court considered Cromwell's criminal history, Cromwell's role in the robberies, and the need to impose a sentence sufficient but no greater than necessary to meet the goals of § 3553(a)(2). The district court recognized that, given Cromwell's age, his sentence would effectively be life imprisonment. Nevertheless, the district court stated that the sentence was necessary to deter and rehabilitate Cromwell and to protect the public. The district court was not required to "robotically tick through § 3553(a)'s every subsection,"
Nor is Cromwell's sentence substantively infirm. Cromwell asserts that "in light of his age, health, family ties and lack of injury to any victim in this case, the district court should have imposed a sentence which is reasonable, necessarily far lower than Appellant received." We conclude, however, that Cromwell has failed to overcome the presumption of reasonableness this court affords to within-Guidelines sentences. Cromwell's lengthy sentence was a result of his repeated decision to commit armed robberies and Congress's decision that an offender who carries a firearm during a crime of violence is subject to mandatory consecutive terms of imprisonment.
Morsley argues that the district court did not give adequate consideration to the § 3553 sentencing factors. He notes that he took part only in the May 9 robbery, that no one was injured in that robbery, and that he neither used nor brandished a weapon. He states that he is fifty-two years old and his 396-month sentence is the equivalent of a life sentence.
Here, the district court considered the nature and circumstances of the offense, Morsley's criminal history, and the need to avoid unwarranted sentencing disparities. The court stated that Morsley was "not as culpable" as Cromwell and recognized that, given Morsley's age, a sentence at the bottom of the Guidelines range could amount to a life sentence. The district court nevertheless concluded that "the Guidelines are not far off in this case," and imposed a sentence of 396 months' imprisonment, within Morsley's 360 months to life Guidelines range. The court stated the sentence was necessary to achieve the purposes of sentencing and to protect the public. We conclude that the district court adequately discharged its responsibility to explain the sentence imposed with sufficient detail to allow meaningful appellate review.
Accordingly, we affirm Morsley and Cromwell's convictions and sentences. We deny Cromwell's motion for leave to file a pro se supplemental brief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.