[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 15-10352

Non-Argument Calendar

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D.C. Docket No. 1:14-cr-20598-MGC-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

 versus

BRAULIO DOMINGO MARTINEZ CASTILLO, 

 Defendant-Appellant.

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Appeal from the United States District Court

for the Southern District of Florida

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(August 27, 2015)

Before TJOFLAT, WILSON and MARTIN, Circuit Judges.

PER CURIAM:

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Braulio Martinez Castillo appeals his 42-month sentence, imposed after he 

pleaded guilty to making a false statement in an application for a United States 

passport, 18 U.S.C. § 1542, aggravated identity theft, id. § 1028A(a)(1), and illegal 

reentry after deportation, 8 U.S.C. § 1326(a), (b)(2). Castillo argues his sentence 

was substantively unreasonable because it was greater than necessary to comply 

with the sentencing goals in 18 U.S.C. § 3553(a). He says the district court should 

have varied downward because he purchased an identity from a willing seller, 

which he says was not “aggravated identity theft in the traditional sense.”

We review the reasonableness of a sentence for abuse of discretion. Gall v.

United States, 552 U.S. 38, 41, 128 S. Ct. 586, 591 (2007). Castillo has the burden 

of establishing that his sentence is unreasonable in light of the record and the 

§ 3553(a) factors. See United States v. Tome, 611 F.3d 1371, 1378 (11th Cir. 

2010). In reviewing a sentencing decision, we first ensure that the district court 

committed no procedural error, which includes properly calculating the guideline 

range and adequately explaining the chosen sentence. Gall, 552 U.S. at 51, 128 S. 

Ct. at 597. We then consider substantive reasonableness. Id.

The district court must impose a sentence that is “sufficient, but not greater 

than necessary to comply with the purposes” listed in § 3553(a)(2), including the 

need to reflect the seriousness of the offense, deter criminal conduct, and protect 

the public from the defendant. In imposing a particular sentence, the court must 

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also consider the nature and circumstances of the offense, the history and 

characteristics of the defendant, the kinds of sentences available, the applicable 

guidelines range, pertinent policy statements, the need to avoid unwarranted 

sentencing disparities, and the need to provide restitution to victims. § 3553(a)(1), 

(3)–(7). The weight given to any specific factor is committed to the sound 

discretion of the district court. United States v. Dougherty, 754 F.3d 1353, 1361 

(11th Cir. 2014). However, “[a] district court abuses its discretion when it (1) fails 

to consider relevant factors that were due significant weight, (2) gives significant 

weight to an improper or irrelevant factor, or (3) commits a clear error of judgment 

in considering the proper factors.” United States v. Irey, 612 F.3d 1160, 1189 

(11th Cir. 2010) (en banc) (quotation omitted).

Castillo’s sentence is reasonable. He does not argue that the district court 

committed any procedural error. And although Castillo argues that his sentence 

was substantively unreasonable because it was greater than necessary to comply 

with the statutory goals of sentencing, we cannot agree. The district court noted 

that while Castillo might not have stolen an identity, he bought an identity that was 

not his own and used it to avoid the law and commit criminal conduct. The court 

reasonably believed that it would be improper to vary downward from the 

guidelines range based on those facts. Because the weight given to any of the 

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sentencing factors is within the discretion of the sentencing court, we cannot say 

that the court abused its discretion in reaching this within-guidelines sentence.

AFFIRMED.

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