[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

________________________ No. 12

- 15728 Non

- Argument Calendar

________________________ D.C. Docket No. 1:12

- cr - 00193

- ODE

- GGB

- 1
UNITED STATES OF AMERICA, Plaintiff

- Appellee,
versus MARIO OCHOA

- TORRES, Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Northern District of Georgia

________________________ (May 24, 2013) Before TJOFLAT, HULL and JORDAN, Circuit Judges. PER CURIAM: Mario Ochoa

- Torres pled guilty to illegal re

- entry into the United States after having been previously removed subsequent to a conviction for an aggravated

Case: 12-15728 Date Filed: 05/24/2013 Page: 1 of 32 felony, in violation of 8 U.S.C. § 1326(a) and (b)(2) , and the District Court sentenced h im to a pri son term of 52 months. Though this term fell within the maximum sentence prescribed by statute, 20

- years’ imprisonment, and the applicable sentence range under the Sentencing Guidelines, 46 to 57 months, Ochoa

- Torres appeals the sentence, argui ng that it is substantive ly unreasonable, in that it is greater than necessary to serve the sentencing objectives set forth in 18 U.S.C. § 3553(a)(2). We disagree and accordingly affirm.
We evaluate the substantive reasonableness of a sente nce under the deferential abuse

- of

- discretion standard , Gall v. United States , 552 U.S. 38, 46, 128 S.Ct. 586, 594, 169 L.Ed.2d 445 (2007) , taking into account the totality of the facts and circumstances relating t o the offense and the offender. United States v. Irey , 612 F.3d 1160, 1189

– 90 (11th Cir. 2010) ( en banc ). The relevant inquiry is “whether the sentence
. . . fails to achieve the purposes of sentencing as stated in section 3553(a).” United States v. Tal ley , 431 F.3d 784, 788 (11th 2005). The § 3553(a) factors include: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need to reflect the seriousness of the offense, to promote respect for the law , and to provide just punishment for the offense; (3) the need for deterrence; (4) the need to protect the public; (5) the need to provide the defendant with needed educational or vocational training or medical care; (6) the kinds of sentences available; ( 7) the Sentencing Guidelines range; (8) pertinent policy statements of the Sentencing Commission; (9) the need to Case: 12-15728 Date Filed: 05/24/2013 Page: 2 of 33 avoid unwanted sentencing disparities; and (10) the need to provide restitution to victims. Id. at 786 (summarizing 18 U.S.C. § 3553(a)). T h e weight given to each § 3553(a) factor is “a matter committed to the sound discretion of the district court.” United States v. Clay , 483 F.3d 739, 743 (11th Cir. 2007) (quotation omitted). Ochoa

- Torres fails to show that the D istrict C ourt imposed a substantively unreasonable sentence
. The record reflects that the court considered and weighed the § 3553(a) sentencing factors, including Ochoa

- Torres’s lengthy criminal history, as well as his request for a sentence below the Guidelines sentence range. AFFIRMED. Case: 12-15728 Date Filed: 05/24/2013 Page: 3 of 3