10-2576 U.S. v. Collins

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Sentencing
Identity theft

A 108-month sentence for 22 counts of identity theft is not unreasonable.

“The defendant asserts that the district court failed to consider his mitigating factors, including: his childhood trauma, cooperation with the authorities, his stroke and the resulting physical impairments, and his apologies to the district court. The court notes, however, that the district court, in sentencing, did take note of the defendant’s physical impairments, recognizing that the Bureau of Prisons has facilities which could accommodate his needs. Further, the district court clearly addressed and dismissed the defendant’s expressions of remorse as not credible. The fact that the district court did not mention the defendant’s childhood trauma or cooperation specifically is not error. See United States v. Vallar, 2011 WL 488877, *2 (7th Cir. Feb. 14, 2011) (where the court noted: ‘The district court addressed the majority and strongest of [defendant’s] arguments. That the district court did not explicitly discuss each of [defendant’s] weaker arguments does not constitute reversible error . . . .’); Neal, 512 F.3d at 438. Although this court has stated this principle before, it bears repetition here: When a district judge makes an adequate, thoughtful analysis of the sentencing factors vis-à-vis the facts of the case, and the district judge makes it clear, on the record, that in reaching the final sentence, he has considered the applicable sentencing factors, and the arguments made by the parties, the sentencing judge has, then, satisfied the review standards which must be met. It is simply not required that the sentencing judge tick off every possible sentencing factor or detail and discuss, separately, every nuance of every argument raised for this court to find that the sentence was proper. See, e.g., Snyder, 2011 WL 923502; Vallar, 2011 WL 488877; Paige, 611 F.3d 397; Neal, 512 F.3d 427.

Affirmed.

10-2576 U.S. v. Collins

Appeal from the United States District Court for the Northern District of Indiana, Van Bokkelen, J., Herndon, J.

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