[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 15-14686

Non-Argument Calendar

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D.C. Docket No. 2:15-cr-00012-WCO-JCF-1

UNITED STATES OF AMERICA, 

 Plaintiff-Appellee,

 versus

GIOVANNI ECHEVARRIA-COLON, 

 Defendant-Appellant.

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Appeal from the United States District Court

for the Northern District of Georgia

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(September 7, 2016)

Before HULL, MARCUS, and WILSON, Circuit Judges.

PER CURIAM: 

Giovanni Echevarria-Colon appeals his 28-month sentence, which the 

district court imposed after he pleaded guilty to illegal reentry into the United 

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States after previously being deported, in violation of 8 U.S.C. § 1326(a), (b)(2). 

On appeal, Echevarria-Colon argues that his sentence, which is four months above 

the advisory guidelines range of 18 to 24 months, is substantively unreasonable 

because it is greater than necessary to satisfy the sentencing considerations set 

forth in 18 U.S.C. § 3553(a). He contends that any relevant prior conviction that 

warrants consideration was taken into account through the United States 

Sentencing Guidelines calculations and may not provide a basis for an upward 

variance. Moreover, Echevarria-Colon argues, his personal characteristics and 

history warranted a downward variance.

We review the substantive reasonableness of a sentence for an abuse of 

discretion, taking into consideration whether the § 3553(a) factors and the totality 

of the circumstances support the sentence the district court imposed. See United 

States v. Pugh, 515 F.3d 1179, 1190–91 (11th Cir. 2008). “A district court abuses 

its discretion when it (1) fails to afford consideration to 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) (internal 

quotation marks omitted). The party who challenges the sentence bears the burden 

to show that the sentence is unreasonable in light of the record and the § 3553 

factors. United States v. Tome, 611 F.3d 1371, 1378 (11th Cir. 2010). We will not 

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vacate a sentence as substantively unreasonable unless “we are left with the

definite and firm conviction that the district court committed a clear error of 

judgment in weighing the § 3553(a) factors by arriving at a sentence that lies 

outside the range of reasonable sentences dictated by the facts of the case.” Irey, 

612 F.3d at 1190 (internal quotation mark omitted).

The district court did not abuse its discretion when imposing a 28-month 

sentence. This sentence is well below the statutory maximum the court could have 

imposed, and the record reflects the court specifically considered the § 3553(a) 

factors. See 8 U.S.C. § 1326(b)(2); United States v. Gonzalez, 550 F.3d 1319,

1324 (11th Cir. 2008) (per curiam). Although the court emphasized the need for 

deterrence in light of Echevarria-Colon’s previous conviction for illegally reentering the country, “the weight accorded any given § 3553(a) factor is a matter 

committed to the sound discretion of the district court.” See United States v. Clay, 

483 F.3d 739, 743 (11th Cir. 2007) (internal quotation marks omitted). Moreover, 

the district court weighed the need for deterrence against Echevarria-Colon’s 

personal characteristics and history, specifically taking into consideration that 

Echevarria-Colon returned to the United States to be with his wife and children. 

See id. at 745. Lastly, because the district court may rely on facts that were already 

considered in determining the guideline range when imposing an upward variance, 

the district court did not err when it varied upward based, in part, on EchevarriaCase: 15-14686 Date Filed: 09/07/2016 Page: 3 of 4 
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Colon’s illegal re-entry conviction. See United States v. Rodriguez, 628 F.3d 1258, 

1264 (11th Cir. 2010). 

Accordingly, we affirm the sentence as reasonable.

AFFIRMED.

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