Case: 12-15297   Date Filed: 08/12/2013   Page: 1 of 3


                                                          [DO NOT PUBLISH]

              IN THE UNITED STATES COURT OF APPEALS

                        FOR THE ELEVENTH CIRCUIT
                          ________________________

                               No. 12-15297
                           Non-Argument Calendar
                         ________________________

                 D.C. Docket No. 8:10-cr-00048-SDM-TGW-1



UNITED STATES OF AMERICA,

                                                       Plaintiff - Appellee,

                                    versus

WILLIE C. TONEY,
a.k.a. Anthony Toney,
a.k.a. Tony,

                                                       Defendant - Appellant.

                         ________________________

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

                               (August 12, 2013)

Before HULL, MARCUS and KRAVITCH, Circuit Judges.

PER CURIAM:
               Case: 12-15297     Date Filed: 08/12/2013    Page: 2 of 3


      Willie Toney appeals his 262-month sentence for possessing a firearm as a

convicted felon, in violation of 18 U.S.C. §§ 922(g) and 924(e), arguing it is

substantively unreasonable in light of the record and the sentencing factors set

forth in 18 U.S.C. § 3553(a). After careful review, we affirm.

      We review the substantive reasonableness of a sentence for an abuse of

discretion. United States v. Irey, 

, 1188-89 (11th Cir. 2010) (en

banc). “The party challenging the sentence bears the burden to show it is

unreasonable in light of the record and the § 3553(a) factors.” United States v.

Tome, 

, 1378 (11th Cir. 2010).

      Toney has not met his burden of demonstrating that his sentence was

unreasonable. His sentence was within his guidelines range and we ordinarily

expect a guidelines sentence to be reasonable. See United States v. Talley, 

, 788 (11th Cir. 2005). The court considered the statutory factors and

discussed several of them in detail, including: the nature and circumstances of

Toney’s offense (threatening his girlfriend, punching her pregnant daughter in the

face, pointing a knife at his girlfriend’s niece, and firing two gunshots in front of

his girlfriend’s residence); Toney’s history and characteristics, including his prior

convictions for several violent offenses; and the need for a lengthy sentence to

promote respect for the law, deter Toney’s criminal conduct, and protect the

public. See 18 U.S.C. § 3553(a). Although Toney contends that his advanced age


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and history of mental health issues warranted a below-guidelines sentence, the

district court considered these arguments and concluded the countervailing

considerations required a longer term of imprisonment. We cannot say this

determination was an abuse of discretion. See United States v. Amedeo, 

, 832 (11th Cir. 2007) (“The weight to be accorded any given § 3553(a) factor

is a matter committed to the sound discretion of the district court, and we will not

substitute our judgment in weighing the relevant factors.” (alterations and internal

quotation marks omitted)).

      AFFIRMED.




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