Filed: May 24, 2011
Latest Update: Feb. 22, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 10-14221 ELEVENTH CIRCUIT Non-Argument Calendar MAY 24, 2011 _ JOHN LEY CLERK D.C. Docket No. 1:10-cr-20120-DMM-1 UNITED STATES OF AMERICA, llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee, versus EDGAR GEOVANI ESQUIVEL CASTILLO, llllllllllllllllllllllllllllllllllllllll Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Florida
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ FILED U.S. COURT OF APPEALS No. 10-14221 ELEVENTH CIRCUIT Non-Argument Calendar MAY 24, 2011 _ JOHN LEY CLERK D.C. Docket No. 1:10-cr-20120-DMM-1 UNITED STATES OF AMERICA, llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee, versus EDGAR GEOVANI ESQUIVEL CASTILLO, llllllllllllllllllllllllllllllllllllllll Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Florida ..
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[DO NOT PUBLISH]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. 10-14221 ELEVENTH CIRCUIT
Non-Argument Calendar MAY 24, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:10-cr-20120-DMM-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
EDGAR GEOVANI ESQUIVEL CASTILLO,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(May 24, 2011)
Before EDMONDSON, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
Edgar Castillo appeals his convictions and sentences, imposed after he
pleaded guilty to four counts of production of child pornography, in violation of
18 U.S.C. § 2251(a), and one count of possession of child pornography, in
violation of 18 U.S.C. § 2252(a)(4)(B). The district court sentenced Castillo to
thirty years for each of the production convictions and ten years for the possession
conviction, to run consecutively, for a total sentence of 1,560 months’
imprisonment.
Castillo argues on appeal that the district court plainly erred when it failed
to inform him, at the plea colloquy, that the statutory maximum sentences for each
count could run consecutively. Assuming there was an error, it is not “plain.” See
United States v. Humphrey,
164 F.3d 585, 588 (11th Cir. 1999) (holding that the
district court’s alleged error in failing to inform the defendant that his sentences
must run consecutively is an error that is neither “obvious” nor “clear under
current law”). In Humphrey, we expressly rejected the argument raised by
Castillo—that United States v. Siegel,
102 F.3d 477, 482 (11th Cir. 1996) and
Federal Rule of Criminal Procedure 11 require an instruction on consecutively
sentenced counts.
Id. Since Humphrey, neither the Supreme Court nor this Court
has held as much. Accordingly, the district court did not commit plain error during
the plea colloquy.
Castillo next argues that his 1,560-month sentence is procedurally and
substantively unreasonable. The sentence fell within the applicable guideline
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range of life imprisonment, and we ordinarily expect guideline sentences to be
reasonable. United States v. Talley,
431 F.3d 784, 788 (11th Cir. 2005) (per
curiam). We find that Castillo’s sentence is both procedurally and substantively
reasonable under an abuse-of-discretion standard. Gall v. United States,
552 U.S.
38, 51 (2007). The record shows that the district court correctly calculated the
guideline range, considered the 18 U.S.C. § 3553(a) factors, and considered
Castillo’s mitigation arguments. In the end, the district court did not abuse its
discretion in concluding that a sentence of 1,560 months was necessary to comply
with the purposes of § 3553(a)—Castillo pleaded guilty to engaging in sexually
explicit conduct with a three-year-old girl, on multiple occasions, and filming it.
His sentence is reasonable.
AFFIRMED.
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