United States v. Nelson Angel Bellon
CourtCourt of Appeals for the Eleventh Circuit
Date FiledOctober 22, 2026
Docket26-10100
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 26-10100
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NELSON ANGEL BELLON,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:25-cr-20100-DPG-1
____________________
Before JORDAN, KIDD, and ANDERSON, Circuit Judges.
PER CURIAM:
Nelson Bellon appeals his 114-month imprisonment sen-
tence for carjacking, which was within the guideline range of 100-
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2 Opinion of the Court 26-10100
125 months. Bellon argues that his sentence was substantively un-
reasonable because the district court unjustifiably emphasized his
prior unsuccessful probation sentences and gave insufficient
weight to his mitigating factors, such as his mental health issues,
substance dependence, and acceptance of responsibility.
We review the substantive reasonableness of a district
court’s sentence under a deferential abuse of discretion standard.
United States v. Trailer, 827 F.3d 933, 935 (11th Cir. 2016). “The
party challenging the sentence bears the burden of showing that it
is unreasonable.” Id. at 936.
A sentence must be reasonable “in light of the totality of the
circumstances and the § 3553(a) factors.” Id. A district court abuses
its discretion when it “(1) fails to afford consideration to relevant [§
3553(a)] factors that were due significant weight, (2) gives signifi-
cant weight to an improper or irrelevant factor, or (3) commits a
clear error of judgment in considering the proper factors.” United
States v. King, 57 F.4th 1334, 1338 (11th Cir. 2023) (quoting United
States v. Irey, 612 F.3d 1160, 1189 (11th Cir. 2010) (en banc)) (altera-
tion in original).
When weighing the § 3553(a) factors, the district court need
not explicitly state or discuss each factor; it is sufficient for the court
to acknowledge that it considered the factors and the defendant’s
arguments. United States v. Gonzalez, 550 F.3d 1319, 1324 (11th Cir.
2008). We will not find a sentence substantively unreasonable un-
less “we are left with the definite and firm conviction that the dis-
trict court committed a clear error of judgment in weighing the §
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26-10100 Opinion of the Court 3
3553(a) factors by arriving at a sentence that lies outside the range
of reasonable sentences dictated by the facts of the case.” United
States v. Cabezas-Montano, 949 F.3d 567, 611 (11th Cir. 2020) (quot-
ing Irey, 612 F.3d at 1190).
“A district court’s unjustified reliance on a single § 3553(a)
factor may be a symptom of an unreasonable sentence.” United
States v. Williams, 526 F.3d 1312, 1322 (11th Cir. 2008) (quotation
marks omitted). However, the district court has the “sound discre-
tion” to determine the weight that is given to each sentencing fac-
tor, and “we will not substitute our judgment in weighing the rel-
evant factors.” United States v. Butler, 39 F.4th 1349, 1356 (11th Cir.
2022) (quoting United States v. Martinez-Gonzalez, 663 F.3d 1305,
1311 (11th Cir. 2011)). This discretion includes “broad leeway” to
determine how to weigh a defendant’s criminal history in sentenc-
ing. Id. at 1355-56 (quoting United States v. Rosales Bruno, 789 F.3d
1249, 1261 (11th Cir. 2015)).
While we do not strictly presume that a sentence within the
guideline range is substantively reasonable, “we ordinarily will ex-
pect the sentence to be a reasonable one.” Cabezas-Montano, 949
F.3d at 611. “[W]hen sentencing within the advisory Guidelines
range, the district court is not required to give a lengthy explana-
tion for its sentence.” United States v. Rodriguez, 75 F.4th 1231, 1244
(11th Cir. 2023) (quoting United States v. Livesay, 525 F.3d 1081, 1090
(11th Cir. 2008)). Furthermore, when a sentence is imposed well
below the statutory maximum, this indicates reasonableness. Id.
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Here, the district court did not impose a substantively un-
reasonable sentence because Bellon’s 114-month sentence was
within the range of reasonable sentences when balancing the §
3553(a) factors in his case. See Cabezas-Montano, 949 F.3d at 611.
The district court was justified in placing emphasis on Bellon’s
criminal history, including his multiple unsuccessful probation sen-
tences, as well as the violent nature of the offense. The weight
given to the § 3553(a) factors, many of which relate directly or in-
directly to criminal history, was within the sound discretion of the
district court. See Butler, 39 F.4th at 1355-56; 18 U.S.C. § 3553(a)(1)-
(4), (6). Contrary to Bellon’s argument, the district court ade-
quately balanced his criminal history factor against his mitigating
factors. At sentencing, the court con-firmed that it “considered
everything,” which included not only the parties’ arguments, the
PSI, the guidelines, Bellon’s criminal history, and the factors set
forth in § 3553(a), but also the mitigating factors of Bellon’s preex-
isting mental health issues, benzodiazepine addiction and other
substance abuse issues, character letters, neuropsychological eval-
uation, and that he took responsibility. The district court was not
required to explicitly list each § 3553(a) factor in weighing them—
though it did list several—or provide a lengthy discussion of the
reasoning be-hind its sentence. See Gonzalez, 550 F.3d at 1324; Ro-
driguez, 75 F.4th at 1244. The fact that Bellon’s sentence was within
the guideline range of 100 to 125 months and well below the maxi-
mum statutory sentence of 25 years indicates that it was reasonable
and did not exceed what was necessary for deterrence, reducing
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26-10100 Opinion of the Court 5
recidivism, or protecting the public from harm. See Cabezas-Mon-
tano, 949 F.3d at 611; Rodriguez, 75 F.4th at 1244.
Moreover, as the government notes, although the district
court expressed concern with the violent nature of the offense, the
impact it had on the victim, and Bellon’s repeated past supervision
violations, the court still imposed a sentence in the middle of the
guideline range—against its inclination towards the higher end—
to account for Bellon’s time served in state custody. The record
does not indicate that the district court abused its discretion by im-
properly weighing the § 3553(a) factors, committing a clear error
of judgment, or imposing a sentence beyond what was reasonable
for Bellon’s case. See King, 57 F.4th at 1338; Cabezas-Montano, 949
F.3d at 611. Rather, the record indicates that the district court bal-
anced the mitigating factors in Bellon’s favor and did not merely
punish him based on his criminal history. Cf. Williams, 526 F.3d at
1322. This Court defers to the district court’s exercise of its discre-
tion in weighing the relevant factors and will not substitute its own
judgment for that of the district court when the sentence was rea-
sonable given the facts of the case. See Butler, 39 F.4th at 1356. As
such, Bellon has not sustained his burden of showing that his sen-
tence was substantively unreasonable. See Trailer, 827 F.3d at 936.
AFFIRMED.