Filed: Aug. 09, 2010
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 09-16131 ELEVENTH CIRCUIT AUGUST 9, 2010 Non-Argument Calendar JOHN LEY _ CLERK D. C. Docket No. 08-00145-CR-F-S UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL ALLEN HUGHES, a.k.a. Michael Lee Smith, a.k.a. Dennis Corey Williams, a.k.a. David Lee Turner, a.k.a. Steven Doyal Walker, a.k.a. Michael Alan Hughes, a.k.a. Donnie Lee Turner, a.k.a. Michael A. Hughs, a.k.a. Kyl
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 09-16131 ELEVENTH CIRCUIT AUGUST 9, 2010 Non-Argument Calendar JOHN LEY _ CLERK D. C. Docket No. 08-00145-CR-F-S UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL ALLEN HUGHES, a.k.a. Michael Lee Smith, a.k.a. Dennis Corey Williams, a.k.a. David Lee Turner, a.k.a. Steven Doyal Walker, a.k.a. Michael Alan Hughes, a.k.a. Donnie Lee Turner, a.k.a. Michael A. Hughs, a.k.a. Kyle..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 09-16131 ELEVENTH CIRCUIT
AUGUST 9, 2010
Non-Argument Calendar
JOHN LEY
________________________
CLERK
D. C. Docket No. 08-00145-CR-F-S
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL ALLEN HUGHES,
a.k.a. Michael Lee Smith,
a.k.a. Dennis Corey Williams,
a.k.a. David Lee Turner,
a.k.a. Steven Doyal Walker,
a.k.a. Michael Alan Hughes,
a.k.a. Donnie Lee Turner,
a.k.a. Michael A. Hughs,
a.k.a. Kyle Lee Calloway,
a.k.a. Michael A. Murphy,
a.k.a. Donald Lee Turner,
a.k.a. Anthony Lee Williams,
a.k.a. Anthony Corey Smith,
a.k.a. Mark Lee Turner,
a.k.a. Dennis Corey Walker,
a.k.a. Daniel Alan Walker,
a.k.a. Danny Lee Walker,
a.k.a. Alfred Leon Strickland,
a.k.a. George Randall Hughes,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Alabama
_________________________
(August 9, 2010)
Before EDMONDSON, BARKETT and MARTIN, Circuit Judges.
PER CURIAM:
Michael Allen Hughes appeals his 84-month total sentence imposed for
(1) uttering forged and counterfeit securities (Count 1), in violation of 18 U.S.C.
§ 513(a), (2) possessing counterfeiting implements (Count 2), in violation of 18
U.S.C. § 513(b), and (3) possessing five or more false identification documents
with intent to unlawfully use (Count 3), in violation of 18 U.S.C. § 1028(a)(3) and
(b)(2)(B). On appeal, Hughes argues that his sentence is substantively unreasonable
due to the extent of the district court’s upward variance from his guideline range of
24 to 30 months’ imprisonment.
We review the sentence imposed by the district court for reasonableness.
United States v. Williams,
526 F.3d 1312, 1321 (11th Cir. 2008). The Supreme
Court has clarified that the reasonableness standard means review for abuse of
discretion. Gall v. United States,
552 U.S. 38, 51,
128 S. Ct. 586, 597,
169 L. Ed. 2d
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445 (2007). “[T]he burden of establishing that the sentence is unreasonable in
light of the record and the § 3553(a) factors lies with the party challenging the
sentence.”
Williams, 526 F.3d at 1322.
First, Hughes does not challenge the procedural reasonableness of his total
sentence and has waived any claim in this respect. Second, his sentence is
substantively reasonable because (a) the district court explained its reasons for
imposing an upward variance, and (b) Hughes’s history and characteristics –
including his 19 prior fraud convictions or 26 total convictions – justified the
extent of this variance. Accordingly, we affirm his 84-month total sentence.
AFFIRMED.
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