[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 21-14123

Non-Argument Calendar

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UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

EUGENE BARTHOLOMEW GARGIULO, JR., 

a.k.a. Geno Gargiulo, 

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 0:21-cr-60111-WPD-1

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2 Opinion of the Court 21-14123

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Before LUCK, LAGOA, and BLACK, Circuit Judges.

PER CURIAM:

Eugene Gargiulo, Jr. appeals his total sentence of 21 months’ 

imprisonment after he pleaded guilty to transportation of stolen 

goods. He asserts the district court’s sentence is substantively unreasonable because the district court focused only on his criminal 

history and refused to downwardly vary to home confinement or 

a shorter term of imprisonment. After review,1 we affirm Gargiulo’s sentence. 

The party challenging the sentence bears the burden of establishing it is unreasonable based on the facts of the case and the 

18 U.S.C. § 3553(a) factors.2 United States v. Shabazz, 887 F.3d 

1 When reviewing for substantive reasonableness, we consider the totality of 

the circumstances under a deferential abuse-of-discretion standard. Gall v. 

United States, 552 U.S. 38, 51 (2007).

2 A district court is required to impose a sentence that is sufficient, but not 

greater than necessary to comply with the purposes listed under § 3553(a)(2), 

including the need to reflect the seriousness of the offense, promote respect 

for the law, provide just punishment, deter criminal conduct, protect the public, and provide educational and vocational training, medical care, and other 

correctional treatment in the most effective manner. 18 U.S.C. § 3553(a)(2). 

Other § 3553(a) factors include the nature and circumstances of the offense, 

the history and characteristics of the defendant, the kinds of sentences available, the Sentencing Guidelines, the need to avoid unwarranted sentencing disparities, and the need to provide restitution to victims. Id. § (a)(1), (3)–(7).

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21-14123 Opinion of the Court 3

1204, 1224 (11th Cir. 2018). We must give due deference to the 

district court to consider and weigh the proper sentencing factors. 

Id. Along with the § 3553(a) factors, the district court should also 

consider the particularized facts of the case and the guideline range. 

United States v. Rosales-Bruno, 789 F.3d 1249, 1259-60 (11th Cir. 

2015). However, it maintains discretion to give heavier weight to 

any of the § 3553(a) factors or combination of factors than to the 

guideline range. Id. at 1259. 

The district court also has wide discretion to decide whether 

the § 3553(a) factors justify a variance. Gall v. United States, 552 

U.S. 38, 51 (2007). When rejecting a request for a variance and imposing a guideline sentence, the sentencing judge need not issue a 

lengthy explanation so long as the judge considered the parties’ arguments and the context and record indicated the reasoning behind 

its conclusion. United States v. Irey, 612 F.3d 1160, 1195 (11th Cir. 

2010) (en banc).

Gargiulo’s sentence is substantively reasonable. The district 

court stated it considered the sentencing guidelines and the 

§ 3553(a) factors. It noted and considered Gargiulo’s arguments in 

mitigation, and it weighed these mitigating factors against his criminal history, which the district court found was underrepresented 

by his criminal history computation. It was within the district 

court’s discretion to give greater weight to Gargiulo’s criminal history, and in view of the discretion the district court is granted when 

considering the factors in § 3553(a), Gargiulo’s arguments fail to 

show the district court abused its discretion by not varying 

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downward. See Rosales-Bruno, 789 F.3d at 1254 (stating the district court does not have to give all the factors equal weight and is 

given discretion to attach great weight to one factor over another). 

Moreover, the district court imposed a sentence within the guideline range, which ordinarily indicates a sentence is reasonable. See 

United States v. Stanley, 739 F.3d 633, 656 (11th Cir. 2014) (stating 

we do not apply a presumption of reasonableness to sentences 

within the guideline range, but we ordinarily expect such a sentence to be reasonable). Gargiulo failed to show the district court 

committed a clear error of judgment in weighing the § 3553(a) factors by arriving at a sentence that lies outside the range of reasonable sentences dictated by the facts of this case. See Irey, 612 F.3d 

at 1190 (holding we will only vacate a sentence based on substantive unreasonableness if we are left with the definite and firm conviction the district court committed a clear error of judgment in 

weighing the § 3553(a) factors by arriving at a sentence that lies 

outside the range of reasonable sentences dictated by the facts of 

the case). Accordingly, we affirm. 

AFFIRMED. 

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