United States Court of Appeals

FOR THE EIGHTH CIRCUIT

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No. 11-2183

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United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* District of Minnesota. 

Billy Durando Baynes, also known *

as Billy Durand Baynes, also known * [UNPUBLISHED]

as Kid, *

*

Appellant. *

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Submitted: February 13, 2012

Filed: April 4, 2012

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Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

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PER CURIAM.

Billy Durando Baynes pled guilty to one count of interstate transportation of

an individual for purposes of prostitution, in violation of 18 U.S.C. § 2421. The

district court varied below the 110-120 month advisory Sentencing Guidelines range 1

and sentenced Baynes to 96 months imprisonment. Baynes appeals, arguing that his

sentence is substantively unreasonable. We affirm. 

The Honorable Ann D. Montgomery, United States District Judge for the 1

District of Minnesota. 
In support of his appeal, Baynes claims that the district court abused its

discretion in imposing the sentence because the sentence is greater than necessary to

accomplish the goals and objectives ofsentencing and because the district court failed

to give sufficient weight to Baynes’s post-offense conduct of assisting the

government. 

We review the substantive reasonableness of Baynes’s sentence under a

deferential abuse-of-discretion standard. United States v. Miller, 646 F.3d 1128,

1133 (8th Cir. 2011). “‘A district court abuses its discretion when it (1) fails to

consider a relevant factor that should have received significant weight, (2) gives

significant weight to an improper or irrelevant factor, or (3) considers only the

appropriate factors but in weighing those factors commits a clear error ofjudgment.’” 

United States v. Shakal, 644 F.3d 642, 645 (8th Cir. 2011) (quoting United States v.

Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc)).

Our review of the record persuades us that the district court carefully

considered the relevant 18 U.S.C. § 3553(a) factors, gave proper weight to the factors,

and arrived at a substantively reasonable sentence. Although Baynes now claims that

his category VI criminal history was not so significant because the “last serious

felony offense was 14 years prior to the offense of conviction,” the district court

specifically noted his criminal history, recognizing that Baynes had done “pretty bad

things.” Also, Baynes argues that the offense conduct was not so severe because he

was not the person who introduced the minor to prostitution, he had helped the minor

get away from a violent pimp, and although he had taken the minor to Chicago for

prostitution, they were not successful in locating clients for the minor. The district

court also addressed this contention, noting that while Baynes had helped the minor

escape a more violent pimp, Baynes had also prostituted the minorin the Minneapolis

area and attempted to prostitute her in Chicago. 

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The district court also varied below the advisory Guidelines range in response

to the post-offense assistance Baynes provided to the government. Baynes assisted

the government with information about others involved in juvenile trafficking and

prostitution. In imposing the 96-month sentence, the district court stated that, had

Baynes not provide the assistance he did after his arrest, the court would have

sentenced him to the statutory maximum of 120 months imprisonment instead.

Where, as here, the district court imposes a below-Guidelines sentence, “it is nearly

inconceivable that the court abused its discretion in not varying downward still

further.” United States v. Lazarski, 560 F.3d 731, 733 (8th Cir. 2009). The sentence

is not made unreasonable by the district court’s refusal to go along with the 60-month

sentence proposed by Baynes. See United States v. Statman, 604 F.3d 529, 535 (8th

Cir. 2010). In the absence of any evidence suggesting abuse of discretion, we affirm

the district court’s judgment.

We affirm. 

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