[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 14-12955

Non-Argument Calendar

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D.C. Docket No. 1:13-cr-00282-CG-B-1

UNITED STATES OF AMERICA,

 Plaintiff – Appellee,

versus

LARRY GENE BROADNAX,

 Defendant – Appellant.

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Appeal from the United States District Court

for the Southern District of Alabama

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(February 10, 2015)

Before TJOFLAT, HULL, and ROSENBAUM, Circuit Judges.

PER CURIAM:

Appellant Larry Broadnax pled guilty to the offense of being a felon in 

possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and the District 

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Court sentenced him to a prison term of 120 months, the maximum term prescribed 

by statute.1

 He appeals his sentence, arguing that the District Court, in 

determining this total offense level under the Sentencing Guidelines, erred (1) in 

applying U.S.S.G. § 2A3.1(a)(2) as the base offense level on a finding that he 

possessed a firearm while involved in the commission of an act of sexual abuse, 

and (2) in failing to apply U.S.S.G. § 3E1.1(a) to reduce his total offense level for 

acceptance of responsibility. We affirm.

The salient facts are these. On April 30, 2013, the Mobile County, Alabama, 

Sheriff’s Office responded to a home invasion. They found two males in the front 

yard of the house suffering from injuries. One of the males said that a black sedan 

containing four men had pulled into the front yard. The men got out, and after one 

of them struck him in the face with a shotgun, three of the men entered the house. 

One stayed outside. Charles Campbell, who was inside the house, told the officers 

that the man who remained outside was his cousin, Larry Broadnax, the appellant. 

Campbell said that once inside, the three men forced the occupants of the house to 

remove their clothes. Then, one of the men took a female occupant into a 

bedroom, raped her, and made her perform oral sex. 

 

1

 See 18 U.S.C. § 924(a)(2). 

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The police subsequently caught Broadnax driving the black sedan the four 

men had used. He consented to a search of the car. In the trunk were two shotguns 

and the cellphone of one of the victims.

We find no merit to Broadnax’s appeal. Even if we were to assume that the 

court erred in determining the total offense level as Broadnax contends, the 

vacation of his sentence and remand for resentencing would be unnecessary 

because the District Court emphatically stated during the sentencing hearing that, 

assuming such error, it would have imposed the same 120 months sentence it 

handed down. See United States v. Keen, 470 F.3d 1347, 1348–49 (11th Cir. 

2006). The court made the statement after taking fully into account the purposes of 

sentencing set out in 18 U.S.C. § 3553(a), to wit: the seriousness of the offense and 

the need for just punishment, the need to deter others from committing the offense, 

and the need to incarcerate Broadnax to protect the public.

AFFIRMED.

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