PER CURIAM:
Leonte Demetrius Mack appeals his 300-month sentence following his conviction of two counts of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (2006) ("Counts One and Four"); one count of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) (2006) ("Count Two"); and one count of possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c) (2006) ("Count Three"). The convictions stemmed from an investigation of a shooting. On appeal, Mack claims that the district court erred in denying his motions to suppress an eyewitness identification and statements he made during custodial interrogation, and that the district court imposed an unreasonable sentence. Finding no reversible error, we affirm.
Mack first challenges the district court's admission of an out-of-court eyewitness identification in a photo array and the related in-court identification. We review de novo a district court's admission of an eyewitness identification.
The defendant bears the initial burden of production in challenging the admissibility of an out-of-court identification.
On appeal, we may uphold a district court's denial of a motion to suppress an out-of-court identification if we find the identification reliable, without determining whether the identification procedure was unduly suggestive.
Even assuming that the photo identification was impermissibly suggestive as Mack contends, we hold that the district court did not err in permitting the testimony as reliable. The eyewitness had a good opportunity to view the shooter at close range and selected Mack's picture from the photo array with confidence less than seven hours after the shooting. Mack argues that the eyewitness's identification was unreliable because the witness's description of him was inadequate. To the contrary, we conclude that the district court correctly determined that, though sparse, the eyewitness's description was accurate. Accordingly, because the five factors weigh in favor of reliability, we hold that the district court did not err in admitting the identification testimony.
Mack next claims that the district court erred in admitting the statements he made during custodial interrogation. We review the factual findings underlying a denial of a motion to suppress for clear error and the legal conclusions de novo.
During the interrogation, Mack told the interviewing officer that Jesus told him to stop talking and the interrogation ceased. Mack contends that this circumstance suggests that he did not have full awareness of the rights he was abandoning. We hold that the district court did not err in rejecting this contention. The district court properly credited the officers' testimony and weighed the presence of Mack's initials and signature on the waiver form in finding the evidence insufficient to show that Mack lacked the capacity to understand the waiver. Mack did not present any other evidence of his alleged incompetency in the district court, and he does not claim that his waiver was coerced. Accordingly, we conclude that the district court did not err in finding that Mack knowingly and voluntarily waived his
Finally, Mack contends that the district court imposed an unreasonable sentence. Because Mack did not request a specific sentence other than the one ultimately imposed, his claim is reviewed for plain error.
If there are no procedural errors, we then consider the substantive reasonableness of the sentence, taking into account the totality of the circumstances.
Mack claims that his sentence was unreasonable because the district court failed to adequately analyze the § 3553(a) factors in support of its above-Guidelines sentence. The record belies Mack's contention, however, as the district court explicitly discussed several of the § 3553(a) factors and their application to Mack. Mack argues that his 300-month sentence runs contrary to the court's rejection of the career offender Guidelines. In fact, Mack's sentence remains sixty months below the low end of the applicable career offender Guidelines range. The court also stated that it believed the Guidelines insufficient to reflect the seriousness of the offense and adequately protect the public. In light of the court's careful discussion of its reasons for the upward variance, the district court did not abuse its discretion in sentencing Mack to an above-Guidelines sentence.
For the foregoing reasons, we affirm the district court's judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid in the decisional process.