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Case: 14-13788
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Case: 14-13788
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Case: 14-13788
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illegal reentry, to promote respect for the law, and to protect the public. The
government also noted that the [c]ourt could account for [the 2 months and 20
days spent in ICE custody] by simply sentencing [him] to . . . 24 months.
The court sentenced Vargas-Gonzalez to 24 months imprisonment and 3
years supervised release. The court stated that it had considered all of the 18
U.S.C. 3553(a) factors and that it believed that 24 months was an adequate
sentence to deter another illegal reentry.
II.
Vargas-Gonzalez argues that his sentence is substantively unreasonable
because the district court did not adjust the sentence to account for the 2 months
and 20 days he spent in ICE custody.
We review the reasonableness of a sentence for an abuse of discretion. Gall
v. United States, 552 U.S. 38, 41, 128 S. Ct. 586, 591 (2007). We will not vacate a
sentence as substantively unreasonable unless we are left with the definite and firm
conviction that the district court clearly erred in weighing the 3553(a) factors and
imposed a sentence outside the range of reasonable sentences dictated by the facts
of the case. United States v. Irey, 612 F.3d 1160, 1190 (11th Cir. 2010) (en banc).
The party challenging the sentence bears the burden of showing it is unreasonable
in light of the record and the 3553(a) factors. United States v. Turner, 626 F.3d
566, 573 (11th Cir. 2010).
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Case: 14-13788
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