#### UNITED STATES of America, Plaintiff—Appellee, v. Nelson FLORES-FIGUEROA, Defendant—Appellant.

No. 10-13028

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

June 3, 2011.

James R. McHenry, III, Lawrence R. Sommerfeld, Sally Yates, United States Attorney’s Office, Atlanta, GA, for Plaintiff-Appellee.

Richard Brooks Holcomb, Stephanie Kearns, Federal Defender Program, Inc, Atlanta, GA, for Defendant-Appellant.

Before EDMONDSON, CARNES, and PRYOR, Circuit Judges.

PER CURIAM:

Nelson Flores-Figueroa appeals his 37-month sentence imposed after he pleaded guilty to one count of illegal re-entry of a deported alien, in violation of 8 U.S.C. § 1326(a) and (b)(2). He contends that his within-the-guidelines-range sentence is substantively unreasonable.

I.

Flores-Figueroa, a citizen of Honduras, illegally entered the United States in the 1990s. On November 7, 2002, he was found guilty of first-degree sexual abuse. Specifically, while babysitting a seven year-old-girl he forced the child to remove her underwear so that he could “look inside [her].” About six months later he was ordered removed from the United States by an Immigration Judge.

In December 2003 Flores-Figueroa illegally re-entered the United States. On October 27, 2009, he was arrested for falsely imprisoning a female friend. Thereafter he was charged with illegal reentry and the false imprisonment charge was dropped. On March 17, 2010, Flores-Figueroa pleaded guilty to that illegal reentry charge. Under the Sentencing Guidelines Flores-Figueroa had a base offense level of 8 with a 16-level enhancement because he had been previously convicted of a crime of violence. *See*USSG § 2L1.2. He also received a 3-level downward adjustment because he accepted responsibility for his crime. *See*USSG § 3El.l(b). The resulting recommended guidelines range was 37-46 months imprisonment. The district court, after discussing Flores-Figueroa’s family background, his crime, the guidelines, the “risks to the public” because he sexually abused a child, and the need for detei’rence, sentenced him to 37 months imprisonment — the very bottom of the guidelines range and well below the statutory maximum of 240 months imprisonment. *See*8 U.S.C. § 1326(b)(2). Flores-Figueroa appealed.

*927II.

To determine whether a sentence is substantively unreasonable, “we must, as the Supreme Court has instructed us, consider the totality of the facts and circumstances.” *United States v. Irey,*612 F.3d 1160, 1189 (11th Cir.2010). “[O]rdinarily we ... expect a sentence within the Guidelines range to be reasonable.” *United States v. Talley,*431 F.3d 784, 788 (11th Cir.2005). We will vacate a sentence for substantive unreasonableness “if, but only if, 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 (quotation marks omitted). “The party challenging the sentence bears the burden to show it is unreasonable in light of the record and the [18 U.S.C.] § 3553(a) factors.” *Id.*

Here, the totality of the circumstances, including the fact that the sentence was at the bottom of the guidelines range and the fact that Flores-Figueroa had illegally reentered the United States after sexually abusing a seven-year-old girl, does not leave us with the firm conviction that his 37-month sentence was unreasonably long.

AFFIRMED.