[ DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 1 2

- 1 3 92 6 Non

- Argument Calendar

________________________ D.C. Docket No. 1 : 1 2

- c r - 20135

- JAL

- 1

UNITED STATES OF AMERICA , P laintiff

- Appellee ,

v ersus

DANIEL DANGER , Defendant

- Appell ant

.

________________________ Appeal from the United States District Court for the Southern District of Florida

________________________ (July 1, 2013) Before CARNES , MARTIN and ANDERSON , Circuit Judges.
PER CURIAM: Daniel Danger appeals his conviction s and sentence s for conspiracy to possess with intent to distribute oxycodone, in violation of 21 U.S.C. § 846, and

Case: 12-13926 Date Filed: 07/01/2013 Page: 1 of 52 possession with intent to distribute oxycodone, in violatio n of 21 U.S.C. § 841(a)(1)

. Before trial, Danger filed a mo tion for new counsel on the base s that he was unable to communicate with his trial counsel because he did not speak English and his trial counsel did not speak Spanish, and that his trial counsel did not give him an appropriate amount of attention. After a hearing on the motion,
t he district court denied Danger ’s motion

. Danger subsequently pleaded guilty and received three concurrent terms of 36 month s’ imprisonment

. On appeal, Danger first argues that the district court erred in denying his motion for new counsel

. Second , Danger argues that his sentence is substantively unreasonable

. After review, we affirm.
I. Motion for New Counsel We review a district court’s ruling on a defendant’s motion for new counsel for abuse of discretion. United States v. Calderon , 127 F.3d 1314, 1343 (11th Cir. 1997). In reviewing a district court’s denial of a motion for new counsel, we consider : (1) the timeline ss of the motion; (2) the adequacy of the court’s inquiry into the merits of the motion; and (3) whether the conflict resulted in a total lack of communication such that an adequ ate defense was not presented. Id. E ven if the district court abuses its discretion in denying a motion for new counsel , the error is harmless unless the defendant shows that, in the context of the sentencing hearing, he was somehow prejudiced by his counsel’s representation. Id.

Case: 12-13926 Date Filed: 07/01/2013 Page: 2 of 53 Here, Danger’s counsel assured the distri ct court that he could provide sufficient representation to Dange r despite the language barrier , stated that he had previously represented Spanish

- speaking clients, and confirmed that he an d his investigator (who spoke Spanish) had met with Danger to discu ss the case. Danger pleaded guilty to his offenses , and his counsel successfully argued for a downward variance based on the personalized circumstances of Danger’s case. Accordingly, Danger has not shown that his trial counsel did not provide an adequate defense for him at trial . Danger has also not argued, let alone sufficiently established, that he was prejudiced by his counsel’s representation. See id. Accordingly, the district court did not abuse its discretion in denying Danger’s motion for new co unsel.
II. Reasonableness of the Sentence We review the reasonableness of a sentence under a deferential abuse of discretion standard. Gall v. United States , 552 U.S. 38, 41, 128 S. Ct. 586, 591 (2007). “ We may set aside a sentence only if we determine , after giving a full measure of deference to the sentencing judge, that the sentence imposed truly is unreasonable.” United States v. Irey , 612 F.3d 1160, 1191 (11th Cir. 2010) ( en banc ).
Th e district court must impose a sentence “sufficient, but not greater than necessary, to comply with the purposes” listed in 18 U.S.C. § 3553(a)(2), including the need to reflect the seriousness of the offense, promote respect for the law,

Case: 12-13926 Date Filed: 07/01/2013 Page: 3 of 54 provide just puni shment for the offense, deter criminal conduct, and protect the public from the defendant’s future criminal conduct. 18 U.S.C. § 3553(a)(2). In imposing a particular sentence, the court must also consider the nature and circumstances of the offense, the history and characteristics of the defendant, the kinds of sentences available, the applicable guideline range, the pertinent policy statements of the Sentencing Commission, the need to avoid unwarranted sentencing disparities, and the need to provide rest itution to victims. Id. § 3553(a)(1), (3)

- (7). In reviewing the reasonableness of a sentence, we first ensure that the sentence was procedurally reasona ble, meaning the district court properly calculated the guideline range, treated the Guidelines as advisory and not mandatory, considered the § 3553(a) factors, did not select a sentence based on clearly erroneous facts, and adequately explained the chosen sentence. Gall , 552 U.S. at 51, 128 S. Ct. at 597. Once we determine that a s entence is procedurally sound, we examine whether the sentence was substantively reasonable in light of the totality of the circumstances. Id. “The party challenging the sentence bears the burden to show it is unreasonable in light of the record and the § 3553(a) factors.” United States v.
Tome , 611 F.3d 1371, 1378 (11th Cir. 2010). Although we do not apply a presumption of reasonableness for sentenc es falling within the guideline range,

Case: 12-13926 Date Filed: 07/01/2013 Page: 4 of 55 “ordinarily we would expect a sentence within the Guidelines range to be reasonable.” United States v. Talley , 431 F.3d 784, 787

- 88 (11th Cir. 2005). Here, Danger’s sentence was substantively reasonable. We ordinarily expect a guideline sentence to be reasonable, and Danger received a below

- guideline
sentence. See id. Danger was held accountable for 45.1 grams of oxycodone as the primary seller, and he was also connected to a much larger amount of pills

. The district court considered the statements of the parties and thoroughly di scussed the sentencing factors. Dang er’s claim that there is an unwarranted disparity between his sentence and the 32

- month sentence of a co

- defendant is without merit because Danger pled guilty to all three counts of the indictment while the co

defendant pled guilty to only one count

. Acco rdingly, g iven the nature of the offenses and the downward variance , the district court’s senten ce s were substantively reasonable. III. Conclusion After careful review of the record, we affirm Danger’s conviction s and
sentence s . AFFIRMED. Case: 12-13926 Date Filed: 07/01/2013 Page: 5 of 5