Sherman Edward Williams appealed his sentence of 192 months in prison for bank robbery and brandishing a firearm during a crime of violence. The three-judge panel affirmed the sentence, finding it was both procedurally and substantively reasonable. The district court did not treat the sentencing guidelines as mandatory and considered the parties' arguments as well as the seriousness of the offense, Williams' history, and guidelines range in determining the upper end of the range was appropriate punishment. The district court was within its discretion to weigh the nature of the offense more heavily than Williams' rehabilitation efforts and criminal history.
Sherman Edward Williams appealed his sentence of 192 months in prison for bank robbery and brandishing a firearm during a crime of violence. The three-judge panel affirmed the sentence, finding it was both procedurally and substantively reasonable. The district court did not treat the sentencing guidelines as mandatory and considered the parties' arguments as well as the seriousness of the offense, Williams' history, and guidelines range in determining the upper end of the range was appropriate punishment. The district court was within its discretion to weigh the nature of the offense more heavily than Williams' rehabilitation efforts and criminal history.
Sherman Edward Williams appealed his sentence of 192 months in prison for bank robbery and brandishing a firearm during a crime of violence. The three-judge panel affirmed the sentence, finding it was both procedurally and substantively reasonable. The district court did not treat the sentencing guidelines as mandatory and considered the parties' arguments as well as the seriousness of the offense, Williams' history, and guidelines range in determining the upper end of the range was appropriate punishment. The district court was within its discretion to weigh the nature of the offense more heavily than Williams' rehabilitation efforts and criminal history.
FOR THE ELEVENTH CIRCUIT ________________________ No. 14-10977 Non-Argument Calendar ________________________ D.C. Docket No. 4:09-cr-00011-RLV-WEJ-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee, versus SHERMAN EDWARD WILLIAMS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (September 17, 2014) Before WILSON, WILLIAM PRYOR and ROSENBAUM, Circuit Judges. PER CURIAM:
Case: 14-10977
Date Filed: 09/17/2014
Page: 2 of 2
Sherman Edward Williams appeals his sentence of imprisonment of 192
months after being convicted of bank robbery, 18 U.S.C. 2113(a), (d), and brandishing a firearm during a crime of violence, id. 924(c)(1)(A). Williams argues that his sentence is both procedurally and substantively unreasonable. We affirm. We review the reasonableness of a sentence under a deferential standard for abuse of discretion. Gall v. United States, 552 U.S. 38, 51, 128 S. Ct. 586, 597 (2007). Williamss sentence is procedurally and substantively reasonable. The district court, contrary to Williamss contention, did not treat the Guidelines as mandatory. The district court imposed Williamss sentence only after it had heard both Williams and the government make their respective arguments about what sentence would be sufficient, but not greater than necessary, to comply with the purposes of sentencing. 18 U.S.C. 3553(a). And the record establishes that the district court considered the seriousness of the offense, the history of the defendant, and the guidelines range, and then determined that a sentence at the upper end of the range was adequate punishment. The district court committed no abuse of discretion by placing greater emphasis on the nature of the offense than on Williamss rehabilitative efforts and criminal history. AFFIRMED. 2