Case: 17-14142 Date Filed: 08/07/2018 Page: 1 of 16 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-14142 Non-Argument Calendar ________________________ D.C. Docket No. 1:17-cr-00072-WSD-AJB-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus OWEN GARTH HINKSON, a.k.a.: Michael G. Baxter, Micheal G. Baxter, Owen Baxter, Paul Baxter, Paul Christopher Baxter, Charles Downes, Charles Downs, Owen Hickson, Johns Hinkson, Owen Hinkson, Owen G. Hinkson, Owens Hinkson, Michael Lane, Michael McLane, Michael McLane, Case: 17-14142 Date Filed: 08/07/2018 Page: 2 of 16 Michael Payne, Charles Williams, Owen Humberto, Charles Christopher Baxter, John Hinkson, Michrl McLane, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (August 7, 2018) Before MARCUS, ROSENBAUM and HULL, Circuit Judges. PER CURIAM: After pleading guilty, Owen Garth Hinkson appeals his sentence for illegal reentry, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, Hinkson argues that the district court erred in determining that his applicable statutory maximum sentence was twenty years and that his 72-month sentence is substantively unreasonable. After review, we affirm. I. BACKGROUND To date, Hinkson has been deported from the United States six times, and this is Hinkson’s fifth conviction for illegal reentry. Because the district court imposed an upward variance from the advisory guidelines range, we recount the relevant history and facts in detail. 2 Case: 17-14142 Date Filed: 08/07/2018 Page: 3 of 16 A. Hinkson’s Past Deportations and Illegal Reentry Convictions Hinkson was born and raised in Jamaica. In 1983, Hinkson, who was then 22 years old, first entered the United States as a permanent resident and lived in Boston, Massachusetts with some of his family. Hinkson quickly began racking up criminal convictions, including several for possession of drugs in 1984 and 1985. In 1987, Hinkson pled guilty in Massachusetts to assault and battery of a police officer and disorderly conduct and received a one-year suspended sentence. In 1989, Hinkson was convicted in Massachusetts of possession of a firearm and unlawful possession of ammunition and was sentenced to one year in prison. On June 19, 1989, Hinkson was deported from the United States for the first time. Several months later, on September 28, 1989, immigration officials learned that Hinkson was again incarcerated in Massachusetts. Hinkson was charged with, and pled guilty to, illegal reentry of a previously deported alien in the U.S. District Court in Boston. After serving a fifteen-month federal prison sentence, Hinkson was deported for the second time on June 18, 1991. On or about January 1, 1992, Hinkson reentered the United States, claiming to be a returning resident. On February 27, 1995, Hinkson was again deported following his service of a 24-month sentence for violating the conditions of his federal supervised release. 3 Case: 17-14142 Date Filed: 08/07/2018 Page: 4 of 16 Less than two months later, on April 25, 1995, immigration officials learned that Hinkson was being detained in jail in Dekalb County, Georgia on domestic- related charges. For the second time, Hinkson was ...
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