UNITED STATES v. LOUREIRO (2018)

The district court sentenced Miguel Loureiro to nine months of imprisonment following his guilty plea to a charge of conspiracy to take a migratory bird with the intent to sell, offer, barter, or offer to barter such bird. See 18 U.S.C. § 371; 16 U.S.C. §§ 703, 707(b)(1). Mr. Loureiro contends that his sentence – which was three months above the top of the advisory sentencing guidelines range of zero to six months – was substantively unreasonable.

Reviewing the reasonableness of the sentence for abuse of discretion, see Gall v. United States, 552 U.S. 38, 46, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), we affirm. The factors district court relied on – the lack of remorse (Mr. Loureiro did not admit that he was trapping migratory birds for sale), the cruelty to one bird (Mr. Loureiro threw a bird against a wall and then “crucified” it), the lack of respect for the law (Mr. Loureiro was driving with a suspended license), and the need for deterrence (the district court believed that the advisory range was “insufficient for the deterrence effect”) – sufficed to support the three-month variance.

AFFIRMED.

PER CURIAM: