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TENTH CIRCUIT
Elisabeth A. Shumaker
Clerk of Court
Plaintiff-Appellee,
v.
MARK TURNER,
Defendant-Appellant.
This is a direct criminal appeal of a sentence imposed after entry of a guilty plea.
Defendant-Appellant Mark Turner pled guilty to two counts of interstate transmission of
information about a minor with the intent to entice the minor to engage in illegal sexual
activity, in violation of 18 U.S.C. 2425. The advisory sentencing guidelines range for
Turner was 51 to 63 months imprisonment. The district court sentenced him to 60
*After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties= request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App.
P. 32.1 and 10th Cir. R. 32.1.
See Gall v. United States, 552 U.S. 38, 49-50 (2007); United States v. Smart, 518 F.3d
800, 803 (10th Cir. 2008). Once a district court determines the appropriate sentence,
within or outside the advisory guidelines range, the district court must adequately
explain the chosen sentence to allow for meaningful appellate review and to promote the
perception of fair sentencing. Gall, 552 U.S. at 49-50; Smart, 518 F.3d at 803.
The district court imposed a procedurally reasonable sentence. Contrary to
Turners assertion, the record indicates that the district court was aware that it was
imposing a sentence outside the advisory guidelines range. The district court even made
clear that Turner could appeal the sentence because the appeals waiver in his plea
agreement covered only sentences within the advisory guidelines range. Further, the
district court had authority to impose these sentences to run consecutively under 18
U.S.C. 3584(a)-(b). Although Turner claims the district court erroneously relied on an
unreliable psychosexual evaluation, the district court recognized the limitations of this
evaluation. Moreover, the district court provided Turner ample opportunity to raise his
arguments and thoughtfully engaged with the arguments. Finally, the district court
examined the factors under 18 U.S.C. 3553(a), adopted the findings in the presentence
investigation report, and provided an adequate explanation for why it imposed the
sentence of 84 months imprisonment:
David M. Ebel
Circuit Judge