[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No s . 16

- 15187; No. 16

- 15188 Non

- Argument Calendar

________________________ D.C. Docket No s . 2:13

- cr - 00075

- WHA

- CSC

- 1 , 2:13

- cr - 00076

- WHA

- CSC

- 1
UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus
SHERMAN TERRY, Defendant

- A ppellant.

________________________ Appeal s from the United States District Court for the Middle District of Alabama

________________________ ( May 23, 2017 ) Before WILLIAM PRYOR , MARTIN and ANDERSON , Circuit Judges. PER CURIAM: Sherman Terry appeals his sentence of 48 month s of imprisonment Case: 16-15187 Date Filed: 05/23/2017 Page: 1 of 42 fo llowing the revocation of his supervised release. See 18 U.S.C. § 3583(e). Terry argues that his sentence is substantively unreasonable. We affirm. A probation officer petitioned the district court to revoke Terry’s supervised release, which he was serving as part of the sentence s that he received , in one case,
f

o r conspiring to launder money, wire fraud, and attempted wire fraud and , in a separate case, for wire fraud

. Terry pleaded no c ontest t o violating hi s supervised release by le aving Alabama without permission; violat ing Georgia law by committing first degree forgery, identity fraud, possessing a vehicle with an altered vehicle identification number, theft by deception, and theft by receiving a stolen vehicle ; and violat ing federal law by submitting a supervision report that contained

a false state ment

. The probation officer recommended that Terry receive

c onsecutive sentences total ing 48 months of imprisonment

. During the revocation hearing, t he distri ct court found that Terry committed Grade B violations which , with a criminal history of I, resulte d in an advisory guideline range of four to ten months of imprisonment , U.S.S.G. §§ 7B1.1, 7B1.4, and maximum statutory sentence s of three years of imprisonment , 18 U.S.C. § 3583(e)(3). The district court admitted into evidence a n investigative report stating that Terry , within two months of his release from prison, us ed shell companies to perpetrate fraudulent activities. The report also stated t hat Terry acquired two false driver’s licenses, fraudulent credit cards, and posted information

Case: 16-15187 Date Filed: 05/23/2017 Page: 2 of 43 about a business on Craigslist. The district court “considered and consulted Chapter 7 of the sentencing guidelines [,] .

. . the reasonableness of a sentence th rough the lens of Section 3553 [,] and .

. . the recommendation of the probation officer” and sentenced Terry to 3 6 months in his conspiracy case and to a consecutive term of 12 months in his wire fraud case . The district court did not abuse its discretion when it varied upward from the guideline range and sentenc ed Terry to 48 months of imprisonment

. Terry argues that his sentence i s based solely on his new criminal charges, but the district court “considered

. . . [Terry’s] history and characteristics and [ the similarity of his new and] original charges ” ; his resumption of criminal activity ; his pocketing “ $15,500
in cash . . . [for] a stolen car ” ; and his “brazen” recidivism “on supervision, under the very nose and eyes of the U.S. Government.” The distric t court stated that Terry’s “continue[d] .

. . engage[ment] in the same .

. . fraudulent and deceptive

. . . [and] theft activit[ies]” and his refusal “to comply with the conditions of supervised release” warranted a “stiff sentence.” T he district court re asonably determined that Terry’s sentences were necessary “to reflect [Terry’s] history and characteristics, to afford adequate deterrence to criminal conduct, and to protect the public from further [similar] crimes

. ” See 18 U.S.C. §§ 3583 (c) , 3553 (a)

. B ased on those factors, the district court also reasonably decided to accept the probation officer’s recommendation that Terry’ s sentences run consecutively. Id. § 3584(b).

Case: 16-15187 Date Filed: 05/23/2017 Page: 3 of 44 Alt hough Terry had been gainfully employed and had familial obligation s, the distric t court de termined that Terry’s “conduct [had] proven that [he did] not plan to comply with the conditions of supervised release because [he] continue[d] to involve [him]self in criminal activities in the very same nature of what [he was] sentenced for in the first place

. ” T erry’s sentence is reasonable.
We AFFIRM Terry’s sentence. Case: 16-15187 Date Filed: 05/23/2017 Page: 4 of 4