[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 16

- 14782 Non

- Argument Calendar

________________________ D.C. Docket No. 8:15

- cr - 00425

- CEH

- MAP

- 4

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus THOMAS KOHLER, Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Midd le District of Florida

________________________ (June 12, 2017) Before WILLIAM PRYOR , JULIE CARNES and JILL PRYOR , Circuit Judges.
PER CURIAM:

Case: 16-14782 Date Filed: 06/12/2017 Page: 1 of 42 Thomas Kohler appeals his sentence of 151 months of imprisonment for conspir ing to possess with intent to distribute 500 grams or more of methamphetamine

. 21 U.S.C. § 841(a) , (b)(1)(A)(viii). Kohler challenges the finding that he was responsible for more than 1.5 kilograms of methamphetamine ice, which is defined as a mixture containing methamphetamine of at least 80 percent puri ty , United States Sentencing Guidelines Manual § 2D1.1 n .(C) to Drug Quantity Table (2015)

. Kohler also argues that his sentence is substantively unreasonable. We affirm. The government argues that Kohler invited any error in the calculation of the quantity of drugs involved in his offense , but we disagree

. A party invites error by induc ing or agree ing to a de cision that it later c hallenges as error. United States v.
Love , 449 F.3d 1154, 1157 (11th Cir. 2006). Kohler a cknowledged that the government correctly appraised the street value of methamphetamine ice , but he contested determining the quantity of the drug based on its price

. The district court did not clearly err in attributing to Kohler more than 1.5 kilograms of methamphetamine ice. Kohler delivered to a known coconspirator a backpack co ntaining a lunchbox filled with $45,000 in c ash

. The district court reasonably inferred that the cash constituted drug proceeds based on Kohler’s role as a courier and a telephone conversation recorded by the jail in which the manager of the conspiracy , Isaias Villa, discussed the contents of the backpack with Kohler.

Case: 16-14782 Date Filed: 06/12/2017 Page: 2 of 43 See United States v. Chavez , 584 F.3d 1354, 13 66

– 67 (11th Cir. 2009)

. And Kohler did not object during sentencing when a witness for the government referred to the cash as drug proceeds. See United States v. Wise , 881 F.2d 970, 973 (11th Cir. 1989). Based on the un disput ed conversion value of $20,000 per kilogram, the district court was entitled to find that the drug proceeds represented the sale of ab out 2 kilograms of methamphetamine ice. See Chavez , 584 F.3d at 13 67. The district court did not abuse its discretion in s entencing Kohler to 151 months of imprisonment . Kohler’s presentence investigation report provided an offense level of 36, but t he district court reduc ed his offense level by three level s to adjust for his mitigating role, see U.S.S.G. § 2D1.1(a)(5), and a n additional two levels for his minor role , see id. § 3B1.2(b) , which resulted in an advisory guideline range of 151 to 188 months of imprisonment. The district court reasonably determined that a sentence at the low end of Kohler’s advisory guideline range w as required to “account[] for [his] personal history and characteristics including [his] involvement” in the conspiracy. See 18 U.S.C. § 3553. Kohler complains about a disparity between his sentence and the lesser
sentences received by h is co conspirator s, but Kohler was not similarly situated to those co conspirators

. See United States v. Spoerke , 568 F.3d 1236, 1252 (11th Cir. 2009). As the district court stat ed, Kohler had a hi gher criminal history score , had

Case: 16-14782 Date Filed: 06/12/2017 Page: 3 of 44 “been incarcerated before . . . several time s,” had “violated probation and community control,” and had decided to go to trial instead of pl ead ing guilty and testif ying for the government. Kohler’s sentence is reasonable.

We AFFIRM Kohler’s sentence. Case: 16-14782 Date Filed: 06/12/2017 Page: 4 of 4