NOT RECOMMENDED FOR PUBLICATION File Name: 21a0454n.06
No. 20

- 6036

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff

- Appellee ,

v. DILLON MEACHAM , Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE

BEFORE: SUTTON , Chief Judge; BATCHELDER and LARSEN , Circuit Judges. ALICE M. BATCHELDER, Circuit Judge . Dillon Meacham appeals his 168

- month sentence for possession with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine , arguing that his sentence is procedurally and substantively unr easonable. W e disagree and affirm

. I.
In 201 9 , Meacham pled guilty to possession with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine

. In exchange for Meacham’s guilty plea, the United States dismissed conspiracy and firearm c harges. At sentencing, the district court determined that Meacham had a total offense level of 3 1 and a criminal history category of V , which included convictions related t o drug possession and driving under the influence

. The resulting advisory Guidelin es sentencing range was 168 months to 210 months

. In a memorandum filed with the district court, Meacham’ s counsel requested a downwardNo. 20

- 6036 , United States v. Meacham

- 2

-

variance, arguing that Meacham’s previous convictions were “non

- violent and consist[ed] mostly of minor offenses committed in his youth.” Meacham’s counsel also argued that the district court should place less weight on Meacham’s criminal history because he committed those offe nses in his late teenage years and early twenties. Finally , Meacham’s counsel argued that a ny sentence , even a sentence that varied downward from the G uidelines, “would represent a marked increase in punishment

. . . and would adequately deter him from futu re criminal conduct.” At the sentencing hearing on August 26, 2020, Meacham’s counsel further argued that even
a 10

- year sentence would deter Meacham because he has never served more than one year in jail. Meacham’s counsel referred to letters from his f amily and friends to show that Meacham c ould make positive changes with a lesser sentence than what the G uidelines recommend ed

. T he district court rejected these arguments and ordered , based on the § 3553(a) factors, that Meacham serve a sentence of 168 months in prison and five years of supervised release upon release from prison

. Meacham timely appealed his sentence.
II. Meacham challenges his sentence as procedurally and substantiv ely unreasonable.
S entencing challenges “are reviewed for abuse of discretion. ” United States v. Coppenger , 775 F.3d 799, 802 (6th Cir. 2015) (citations omitte d ). “A district court abuses its discretion when it applies the incorrect legal standard, misapplies the correct legal standard, or relies upon clearly erroneous findings of fact.” United States v. Fowler , 819 F.3d 298, 303

– 04 (6th Cir. 2016) ( quotation omitt ed ) . Under this standard, we will reverse the sent encing court ’ s decision only if

we are “ left with the definite and firm conviction that the sentencing court committed a clear error of judgment. ” Coppenger , 775 F.3d at 802

– 03 (ci tation omitted )

.No. 20

- 6036 , United States v. Meacham

- 3

- III. Meacham asserts that his sentence is procedurally unreasonable because the district court failed to address Meacham’s arguments in support of his request for a downward variance in his
sentence , n amely, that Meacham’s “youth at the time of his criminal co nduct” mitigated against a longer sentence and that a lesser sentence for Meacham “would equally achieve all the goals of 18 U.S.C. § 3553( a).” And because the district court failed to address these arguments, Meacham
argues , the district court “committed procedural error” and a “remand for resentencing is warranted.” As an initial matter, the parties dispute whether Meacham ’ s objections at the sentencing hearing were specific enough to preserve abuse

- of

- discretion review on appeal. If a party fails to object with a “reasonable degree of specificity” sufficient to give the trial court notice of the basis of the objection, the n the plain

- error standard of review applies. United States v. Bostic , 371 F.3d 865, 871 (6th Cir. 2004) (internal quotation marks and citation omitted). “ A specific objection provides the district court with an opportunity to address the error in the first instance and allows this court to engage in more meaningful review. ” Id. Here, n ear the conclu sion of the sentencing hearing , the district court asked both parties whether they object ed to the 168

- month sentence imposed on Meacham. Meacham’s counsel responded by raising a n objection as “to the adequacy of the Court’s explanation for denial of the variance motion.” But Meacham’s counsel did not specify what exactly was inadequate about the district court’s explanation. While the district court noted the objection, it had no opportunity to address any specific errors because Meacham’s generalized objection provided none. See United States v. Simmons , 587 F.3d 348 , 356 (6th Cir. 2009) (finding counsel’s objection too general to preserve his procedural objection). Therefore, Meacham’s counsel failed to properly preserve his objection for appeal.No. 20

- 6036 , United States v. Meacham

- 4

-

No netheless, whether this court applies plain

- error review or abuse

- of

- discretion review, Meacham ’ s procedural reasonableness arguments are meritless. For a sentence to meet the procedural reasonableness standard, the district court must, among other requir ements, “explain its reasoning to a sufficient degree to allow for meaningful appellate review

. ” United States v. Zobel , 696 F.3d 558, 566 (6th Cir. 2012) ( quot ation omitted) . The district court should also address
any non - frivolous arguments that the defendant raises for a lesser sentence and explain why the district court rejected the defendant’s arguments

. 1 See United States v. Wallace , 597 F.3d 794,
803 (6th Cir. 2010)

. The record must show that the d istrict court addressed and explained the reasons for rejecting the defendant’s arguments. United States v. Bolds , 511 F.3d 568, 580 (6th Cir. 2007) . But “lengthy explanation[s]” are “unnecessary where a defendant’s arguments are straightforward [and] co nceptually simple and where a sentencing court imposed a within

Guidelines sentence.” United States v. Cochrane , 702 F.3d 334, 344 (6th Cir. 2012) (quot ation omitted ) (second alteration in original)

. Here, the district court addressed and explained why it rejected Meacham’s arguments for
a downward variance in his sentence. I n requesting a downward variance, Meacham’s counsel argued that Meacham has never served more than a year in prison, and that a within

- G uidelines sentence would be “at least ten times more than any punishment he’s face d in the past

. ” T he district court considered and rejected that argument, explaining that Meacham is no different from other defendants with extensive criminal records in the state system who faced longer sentences in federal court. The district court further explained that t o treat Meacham differently because of

1 There are several requirements for a sentence to be procedurally reasonable. The district court must properly calculate the Guidelines range, consider the § 3553(a) factors, consider the parties’ arguments for a sentence outside the Guidelines range, articulate its reason ing for imposing the chosen sentence, and explain the reasons for rejecting the parties’ arguments for a sentence outside the Guidelines range. See United States v. Adams , 873 F.3d 512, 517 (6th Cir. 2017).No. 20

- 6036 , United States v. Meacham

- 5

-

his lack of a federal criminal record would defeat the purpose of the Sentencing Guidelines and how they are calculated

. Further, the district court did address , albeit briefly, Meacham’s youth. While recognizing that Meacham is young, the district court also recognized that Meacham’s record is neither the worst nor the best record compared to those of similar defendants. The district court noted that Meacham has repeatedly “flout[ed] the law, including violating release conditions.” “ And previous judicial interventions have failed to improve his behavior.” In short, the district court concluded that Meacham’s youth did n ot outweigh these other factors in justifying a down ward variance in sentencing. Finally, the court adequately explained why a downward variance to a 10

- year sentence would not be appropriate . Besides Meacham’s lengthy criminal history in state court, th e district court noted a trend in Meacham’s criminal history that culminated in Meacham ’s trafficking drugs while in possession of a firearm, which increases the risk of violence. The district court then concluded: [ T ] he Court does not agree that a sente nce outside of the guidelines would properly respect the 3553 factors and allow the Court to impose a sentence that accomplishes the purposes of punishment as set forth in 3553. Accordingly, the Court will deny the motion, and the Court will stay within t he guidelines. In sum, t he district court ’ s analysis of Meacham ’ s offense characteristics and criminal history demonstrate s that it addressed Meacham’s arguments for a downward variance and explained why it rejected them. On appeal, Meacham relies on one case, United States v. McAllister , 491 F. Appx. 569 , 577

– 78 (6th Cir. 2012), for the proposition that the district court failed to address Mea cham’s arguments. But Meacham’s reliance is misplaced and McAllister distinguishable . In McAllister ,No. 20

- 6036 , United States v. Meacham

- 6

-

the district court failed to explain why it rejected the defendant’s argument s for a downward variance , announcing only: Mr. Hughes had asked the Court to impose a nonguidelines sentence in this case. The Court has considered his request, and the Court will deny that request. The Court has taken into consideration the defendant’s background, his history, and his characteri stics, as the Court is required to do under Section 3553, and the Court concludes, primarily because of his criminal record, that a sentence outside the guidelines would not fulfill the factors in Section 3553. Id. at 577.
U nlike in Mc

A llister , the distr ict court here addressed Meacham’s arguments and explained why it rejected Meacham’s request for a downward variance. T he district court considered

— albeit briefly in some parts

— Meacham’s youth, criminal history, concerning trends in his criminal history, familial support, and compared Meacham to similarly situated defendants. The district court weighed all of these factors and concluded that a downward variance in Meacham’s sentence was not appropriate. Finally, there is no formulaic rule requiring the district court to explicitly address every argument that a defendant raises in requesting a downward variance. See Rita v. U nited States , 551 US. 338, 356 (2007). Instead, the district court should explain why it rejected the defendant’s

ar guments so the record and context make the district court’s reasoning clear for appellate review. Wallace , 597 F.3d at 803; U nited States v. Chiolo , 643 F.3d 177 , 182 (6th Cir. 2011) (finding that the district court met the requirements of procedural reas onableness because it explained its reasoning sufficient ly to allow for appellate review) . Here, the record makes clear why the district
court , after considering the relevant arguments and factors, did not grant a downward variance in Meacham’s sentence. Therefore, Meacham’s sentence is procedurally reasonable.No. 20

- 6036 , United States v. Meacham

- 7

- IV. Meacham next a sserts that the district court abused its discretion and imposed a substantively unreasonable sentence because his 168

- month sentence was “longer than necessary” and could cause “unwarranted sentencing disparities.” Meacham’s argument s fail here too. “A claim that a sentence is substantively unreasonable is a claim that a sentence is too long (if a defendant appeals) or too short (if the government appeals).” United States v. Rayyan , 885 F.3d 436, 442 (6th Cir. 2018). “It’s a complaint that the court placed t oo much weight on some of the § 3553(a) factors and too little on others in sentencing the individual.” Id. A properly calculated, within

- Guidelines sentence is presumed to be substantively reasonable. Rita , 551 U.S. at 34 7. Here, we apply the presumpt ion of reasonableness because t he district court correctly calculated the advisory Guidelines sentencing range, and Meacham did not object to the Guidelines calculation or t he resulting sentencing range. Nonetheless, Meacham argues that his sentence was longer than necessary to meet the § 3553(a) goals because the district court put too much weight on Meacham’s criminal history and a lower sentence is more appropriate because of Meacham’s youth. But the district court considered Mea cham’s arguments, the relevant facts and sentencing factors, arrived at a reasonable sentence within the Guidelines, and adequately explained why it imposed that sentence

. Furthermore, Meacham’s 168

- month sentence is at the bottom of the Guidelines range, and Meacham did not rebut the presumption that his sentence is substantively reasonable. What Meacham really disputes here is how the district court balanced the sentencing factors, which is within the discretion of the district court and beyond the scop e of our review. See United States v. Adkins , 729 F.3d 559, 57 2 (6th Cir. 2013) ( holding that a defendant’s “ displeasure with the manner in which the district court balanced the § 3553(a) factors is simply beyond the scope of our review”).No. 20

- 6036 , United States v. Meacham

- 8

-

Meacham’s las t argument is that his 168

- month, within

- Guidelines sentence was substantively unreasonable because it could cause “unwarranted sentencing disparities.” T he point of the Guidelines is to avoid sentencing disparities for similarly situated defendants , not to create them

. See Kimbrough v. United States , 552 U.S. 85, 10 1 (2007). To that end, we have held that a within

- Guideline s sentence is more likely to clos e disparity gaps than widen them . United States v. Swafford , 639 F.3d 265, 270 (6th Cir. 2011). Indeed, a district court’s decision to grant a variance from the Guidelines “should not turn on section 3553(a)(6).” Id. Here, the district court imposed th e lowest possible sentence within the Guideline s range. Under Swafford , whether this within

- Guidelines sentence is substantively unreasonable cannot turn on whether the sentence creates an unwarranted sentencing disparity. Therefore, Meacham’s 168

- month sentence is substantively reasonable, and the district court did not abuse its discretion in imposing M eacham’s

sentence. For these reasons, we affirm.