United States v. Brandon Parsons
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 10, 2026
Docket25-13141
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NOT FOR PUBLICATION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. 25-13141
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRANDON LAVERNE PARSONS,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 6:24-cr-00280-WWB-DCI-1
____________________
Before NEWSOM, ABUDU, and ANDERSON, Circuit Judges.
PER CURIAM:
Brandon Parsons appeals his total sentence of 600 months’
imprisonment—a downward variance from the guideline term of
life—for attempted coercion and enticement of a minor to engage
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2 Opinion of the Court 25-13141
in sexual activity, attempted production of child pornography, two
counts of distribution of child pornography, possession or access
with intent to view child pornography, and attempted transfer of
obscene material to a minor. Parsons argues that the district
court’s sentence was substantively unreasonable because the court
improperly weighed the factors in 18 U.S.C. § 3553(a) and failed to
assign more weight to his mitigating history and characteristics—
including his military service and traumatic childhood.
When reviewing a sentence for substantive reasonableness,
we consider the totality of the circumstances under the abuse-of-
discretion standard. Gall v. United States, 552 U.S. 38, 51 (2007). The
district court abuses its discretion when it “(1) fails to afford consid-
eration to relevant factors that were due significant weight, (2)
gives significant weight to an improper or irrelevant factor, or (3)
commits a clear error of judgment in considering the proper fac-
tors.” United States v. Irey, 612 F.3d 1160, 1189 (11th Cir. 2010) (en
banc) (citation modified). This Court may vacate a sentence only
if it’s “left with the definite and firm conviction that the district
court committed a clear error of judgment in weighing the
§ 3553(a) factors by arriving at a sentence that lies outside the range
of reasonable sentences dictated by the facts of the case.” Id. at
1190 (citation modified).
The party challenging the sentence bears the burden of
showing that it’s unreasonable in light of the record and the factors
listed in 18 U.S.C. § 3553(a). United States v. Goldman, 953 F.3d 1213,
1222 (11th Cir. 2020). Those factors include, among other things,
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25-13141 Opinion of the Court 3
“the history and characteristics of the defendant,” “the seriousness
of the offense,” and the need to “protect the public from further
crimes of the defendant.” 18 U.S.C. § 3553(a)(1)–(2). Regarding the
seriousness of the offense—which is included under
§ 3553(a)(2)(A)—we’ve explained that “[t]he seriousness of a crime
varies directly with the harm it causes” and that child sex crimes
“are among the most egregious and despicable of societal and
criminal offenses.” Irey, 612 F.3d at 1206 (citation modified). Addi-
tionally, we’ve identified § 3553(a)(2)(C) as the “specific deterrence
or incapacitation factor” and stated that the “threat of recidivism”
posed by those who sexually abuse children is “appalling.” Id. at
1213–14 (citation modified).
The weight given to the various § 3553(a) factors is left to
the discretion of the district court, and we will not substitute our
own judgment by reweighing the factors. United States v. Al Jaberi,
97 F.4th 1310, 1329 (11th Cir. 2024). The district court is not re-
quired to give “equal weight” to all the factors and instead has dis-
cretion to “attach great weight to one factor over others.” United
States v. Olson, 127 F.4th 1266, 1276 (11th Cir. 2025) (citation modi-
fied). The district court’s analysis must be an “individualized as-
sessment based on the facts presented.” Gall, 552 U.S. at 50.
As we’ve observed, “[a] sentence well below the statutory
maximum indicates reasonableness.” United States v. Thomas, 108
F.4th 1351, 1357 (11th Cir. 2024) (per curiam). Moreover, we’ve ex-
plained that “a sentence which may result in a defendant passing
away while in custody, however tragic, is neither automatically a
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4 Opinion of the Court 25-13141
life sentence nor presumptively unreasonable.” United States v. Mos-
quera, 886 F.3d 1032, 1052 (11th Cir. 2018); see also United States v.
Isaac, 987 F.3d 980, 996 (11th Cir. 2021) (“We’ve upheld time and
again sentences that will outlast a child pornographer’s life.”).
Here, Parsons has failed to establish that his total sentence
of 600 months’ imprisonment is substantively unreasonable. First,
Parsons argues that the district court “fail[ed] to give reasonable
weight to [his] mitigating characteristics” when sentencing him.
Br. of Appellant at 24. To be sure, Parsons presented considerable
evidence of his traumatic upbringing and military service, which
the district court acknowledged. But these mitigating factors ex-
isted alongside a significant amount of harm that Parsons inflicted
on his underage victims. And the district court repeatedly empha-
sized that the need to protect the public from Parsons was a partic-
ularly important consideration in this case. Given the deference
afforded to district courts in weighing the § 3553(a) factors, the
court here didn’t commit a clear error of judgment in balancing
these considerations and “attach[ing] great weight” to some over
others. Olson, 127 F.4th at 1276 (citation modified); see also Al Jaberi,
97 F.4th at 1329.
Second, Parsons contends that the district court abused its
discretion “by imposing a sentence that would imprison [Parsons]
until past his natural life expectancy in prison.” Br. of Appellant at
27. But this Court has explained that “a sentence which may result
in a defendant passing away while in custody, however tragic, is nei-
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25-13141 Opinion of the Court 5
ther automatically a life sentence nor presumptively unreasona-
ble.” Mosquera, 886 F.3d at 1052. In this case, because the district
court didn’t abuse its discretion in weighing the § 3553(a) factors,
the fact that 600 months’ imprisonment may constitute “a de facto
life sentence” for Parsons, Br. of Appellant at 27, isn’t sufficient to
render his sentence substantively unreasonable.
Finally, Parsons asserts that his sentence is substantively un-
reasonable because it’s “comprised of the statutory-maximum sen-
tence of several of his individual counts.” Br. of Appellant at 28.
Parsons’s 600 months’ sentence, however, was well below the max-
imum term that he could have received, which was life plus 1,200
months. And as we’ve previously underscored, “[a] sentence well
below the statutory maximum indicates reasonableness.” Thomas,
108 F.4th at 1357.
In sum, because we aren’t “left with the definite and firm
conviction that the district court committed a clear error of judg-
ment in weighing the § 3553(a) factors,” Irey, 612 F.3d at 1190 (cita-
tion modified), Parsons has failed to show that his sentence is sub-
stantively unreasonable.
AFFIRMED.