United States v. Billy Jack Keene, 470 F.3d 1347 (11th Cir. 2006). · Go Syfert
United States v. Billy Jack Keene, 470 F.3d 1347 (11th Cir. 2006). Cases Citing This Book View Copy Cite
“whether to decide and state on the record if the decision of a guidelines issue matters to the ultimate sentence imposed is up to the district court in each individual case.”
681 citation events (681 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Charlie Lee Wright, Jr. (ca11, 2021-05-07)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Charlie Lee Wright, Jr.
11th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
the burden is on the defendant to prove that his sentence is unreasonable in light of the record and 3553(a)
discussed Cited as authority (verbatim quote) United States v. Eric Pedro Valdez
11th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
whether to decide and state on the record if the decision of a guidelines issue matters to the ultimate sentence imposed is up to the district court in each individual case.
discussed Cited as authority (verbatim quote) United States v. Jeffrey Valencia
11th Cir. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the reason it is unnecessary for us to decide the enhancement issue is that a decision either way will not affect the outcome of this case.
discussed Cited as authority (rule) United States v. Carlos Alberto Morilla (2×) also: Cited "see"
11th Cir. · 2026 · confidence medium
In Keene, the Guidelines error was harmless because it had no effect on “the sentence imposed after the § 3553(a) factors [were] considered.” 470 F.3d at 1349 (emphasis added).
discussed Cited as authority (rule) United States v. Malik McKenzie
11th Cir. · 2026 · confidence medium
We held in United States v. Keene that we will not rule on the validity of a disputed guideline adjustment if (1) the district court stated it would have given the same sentence regardless of the out- come of the disputed guideline provision; and (2) assuming that there was an error, the sentence is still reasonable. 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Undray Lowery
11th Cir. · 2026 · confidence medium
We held in United States v. Keene that we will not rule on the validity of a disputed guideline adjustment if (1) the district court stated it would have given the same sentence regardless of the out- come of the disputed guideline provision; and (2) assuming that there was an error, the sentence is still reasonable. 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Mitzi Bickers
11th Cir. · 2026 · confidence medium
In United States v. Keene, we held that we will not rule on the validity of a disputed guideline calculation if: (1) the district court stated it would have given the same sentence regardless of the out- come of the disputed guideline provision, and (2) assuming that there was an error, the sentence is still reasonable. 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Vanshun Traywick
11th Cir. · 2026 · confidence medium
However, “we need not review [a sentencing] issue when (1) the district court states it would have imposed the same sentence, even absent an alleged error, and (2) the sentence is substantively reasonable.” United States v. Goldman, 953 F.3d 1213, 1221 (11th Cir. 2020) (citing United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006)).
cited Cited as authority (rule) United States v. Andrew Francois Martin
11th Cir. · 2026 · confidence medium
United States v. Keene, 470 F.3d 1347, 1348 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Donnell Leman Moore, Jr.
11th Cir. · 2026 · confidence medium
Thus, we review it for plain error only.5 United States v. Grady, 18 F.4th 1275, 1293 (11th Cir. 2021). 5 We do not analyze the district court’s statements under United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006), because of the combined force of two reasons.
discussed Cited as authority (rule) United States v. Anthony Lamon Frazier (2×) also: Cited "see"
11th Cir. · 2025 · confidence medium
United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Alexandre Ovadia
11th Cir. · 2025 · confidence medium
A district court’s choice to make a so-called “Keene statement,” therefore, can trigger an “assumed error harmlessness inquiry.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Santino Parks
11th Cir. · 2025 · confidence medium
To know whether an error “was truly harmless,” we first must know whether “the district court would have reached the same result even if it had decided the guidelines issue the other way.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Tristin Washington
11th Cir. · 2025 · confidence medium
We have explained that we need not decide a disputed guidelines issue if the district court states “that the guidelines ad- vice that results from decision of those issues does not matter to the sentence imposed after the [18 U.S.C.] § 3553(a) factors are con- sidered.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Roderick Farrier (2×) also: Cited "see"
11th Cir. · 2025 · confidence medium
We have “long recognized that it is not necessary to decide guidelines issues or remand cases for new sentence proceedings where the guidelines error, if any, did not affect the sentence.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006) (quota- tion omitted).
discussed Cited as authority (rule) United States v. Cloepha Franks
11th Cir. · 2025 · confidence medium
He argues his texts all occurred in a short period of time and conveyed “essentially the same message” and should therefore be considered “a single episode or occurrence.” But we need not decide whether Franks’s text messages constituted one threat because the district court expressly stated that it “would have imposed [its] sentence regardless of whether the plus two [was] appropriate.” See United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. David Abram Ziesel
11th Cir. · 2025 · confidence medium
We seek to avoid “pointless reversals.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006). “‘[I]t would make no sense to set aside a reasonable sentence and send the case back to the district court because of an error in calculating the Sentencing Guidelines range since it has already told us that it would impose exactly the same sentence, a sentence we would be compelled to affirm.’” Grushko, 50 F.4th at 18 (alterations adopted, quoting Keene, 470 F.3d at 1350 ).
discussed Cited as authority (rule) United States v. Kenneth Ingram
11th Cir. · 2025 · confidence medium
To know whether an error “was truly harmless,” we first must know whether “the district court would have reached the same result even if it had decided the guidelines issue the other way.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Tamara Denisaha Coleman
11th Cir. · 2025 · confidence medium
But this Court “need not review an issue when (1) the district court states it would have imposed the same sentence, even absent an alleged error, and (2) the sentence is substantively reasonable.” United States v. Goldman, 953 F.3d 1213, 1221 (11th Cir. 2020) (citing United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006)).
discussed Cited as authority (rule) United States v. Michael Shane Ragland
11th Cir. · 2025 · confidence medium
Ultimately, it is “not necessary to decide guidelines issues or remand cases for new sentence proceedings where the guidelines error, if any, did not affect the sentence.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006) (quotation marks omitted). [W]hen a district court states that the sentence it has imposed would not have changed even with a differ- ent guideline calculation—we assume there was an error, reduce the guideline range according to the way the defendant argued, and analyze whether the sentence would be substantively reasonable under that guideline range.
cited Cited as authority (rule) United States v. Shaquandra Woods
11th Cir. · 2025 · confidence medium
United States v. Grushko, 50 F.4th 1, 18 (11th Cir. 2022); United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Raymond Saunders
11th Cir. · 2025 · confidence medium
But it is “not necessary to decide guidelines issues or remand cases for new sentence proceedings where the guidelines error, if any, did not affect the sentence.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006) (internal quotation mark omitted).
examined Cited as authority (rule) United States v. Alexander Olson (6×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2025 · confidence medium
As in that case, it’s unnecessary for us to resolve the variance-or-departure issue here because “a decision either way will not affect the outcome of this case.” United States v. Keene, 470 F.3d 1347, 1348 (11th Cir. 2006); see id. at 1348– 50 (concluding that that this Court need not decide the propriety of a sentence enhancement where the district court stated that it would have imposed the same sentence without the enhancement USCA11 Case: 23-11939 Document: 57-1 Date Filed: 02/03/2025 Page: 15 of 23 23-11939 Opinion of the Court 15 and the sentence was substantively reasonable wi…
discussed Cited as authority (rule) United States v. John Anderson (2×) also: Cited "see"
11th Cir. · 2025 · confidence medium
United States v. Keene, 470 F.3d 1347, 1348-49 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Joseph Pascua (2×) also: Cited "see"
11th Cir. · 2025 · confidence medium
United States v. Keene, 470 F.3d 1347, 1348-49 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Leandro Pulido-Pantoja (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
United States v. Keene, 470 F.3d 1347, 1348-49 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Jason C. Martinez
11th Cir. · 2024 · confidence medium
In United States v. Keene, our Court explained that where a district court states “that the guidelines advice that results from decision of [a disputed guidelines] issue[] does not matter to the sentence imposed after the § 3553(a) factors are considered,” and the sentence is reasonable in light of “the alternative or fallback reasoning of § 3553(a),” we will consider any potential error harmless. 470 F.3d 1347, 1349 (11th Cir. 2006); United States v. Goldman, 953 F.3d 1213, 1221 (11th Cir. 2020) (“[W]e need not review an issue when (1) the district court states it would have impos…
discussed Cited as authority (rule) United States v. Lashana Foreman (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
We explained in United States v. Keene that we need not decide if a district court’s guideline calculation is incorrect if it states “that the guidelines advice that results from decision of those issues does not matter to the sentence imposed after the [18 U.S.C.] § 3553(a) factors are considered.” 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Shedener Germine (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
United States v. Keene, 470 F.3d 1347, 1348-50 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Rasaan Larrier (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
examined Cited as authority (rule) United States v. Antoine Robert Shell (3×) also: Cited "see"
11th Cir. · 2024 · confidence medium
United States v. Keene, 470 F.3d 1347, 1348-50 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Raheem Dasheen Jackson
11th Cir. · 2024 · confidence medium
United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006) (holding any guidelines calculation error is harmless where the sentence would be reasonable even if the district USCA11 Case: 23-10060 Document: 31-1 Date Filed: 01/05/2024 Page: 9 of 9 23-10060 Opinion of the Court 9 AFFIRMED. court’s guideline calculation was erroneous).
discussed Cited as authority (rule) United States v. Noah Jones (2×) also: Cited "see"
11th Cir. · 2023 · confidence medium
The district court stated that its 27-month upward vari- ance “addresses the seriousness of the offense, the sentencing ob- jectives of punishment, deterrence, and incapacitation” and was “appropriate . . . considering all of the sentencing factors.” Accord- ing to the district court, “the totality of the circumstances of this case indicate[d] that Mr. Jones is a dangerous individual who has no regard for the safety of other people or their property and that his case is not within . . . the heart of the guidelines.” During sentencing, the government asked the district court if it w…
discussed Cited as authority (rule) United States v. Joshua Roberts (2×) also: Cited "see"
11th Cir. · 2023 · confidence medium
To know that an error in this context “was truly harmless,” we first need “knowledge that the district court would have reached the same result even if it had decided the guidelines issue the other way.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Almando Enrique Marquez
11th Cir. · 2023 · confidence medium
United States v. Keene, 470 F.3d 1347, 1350 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. James M. Williamson (2×) also: Cited "see"
11th Cir. · 2023 · confidence medium
United States v. Keene, 470 F.3d 1347, 1348-49 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Michael Hill
11th Cir. · 2023 · confidence medium
United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Lamar Lauriston Lindsay
11th Cir. · 2023 · confidence medium
Un- der United States v. Keene, 470 F.3d 1347, 1349-50 (11th Cir. 2006), a court can render a purposed guidelines error harmless by stating that it would impose the same sentence even if the defendant pre- vailed on that issue.
discussed Cited as authority (rule) Wellekson Goncalves Silva v. Andriene Ferreira dos Santos
11th Cir. · 2023 · signal: cf. · confidence medium
Cf. United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006) (affirming criminal sentence after district court explained that it would have applied the same sentence even if it calculated sentencing guidelines incorrectly).
discussed Cited as authority (rule) United States v. Stephen M. Alford (2×) also: Cited "see"
11th Cir. · 2023 · confidence medium
Because the district court stated that Alford’s sentence would have been the same regardless of whether the 20-level offense enhancement was applied, we review his sentence for substantive reasonableness under our precedent in United States v. Keene, 470 F.3d 1347, 1350 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Elboric Quadarius Robinson
11th Cir. · 2022 · confidence medium
In determining whether the sentence is substantively reasonable, we “must assume that there was a guidelines error—that the guidelines issue should have been decided in the way the defendant argued and the advisory range reduced accordingly—and then ask whether the final sentence resulting from consideration of the § 3553(a) factors would still be reasonable.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Ismael Camacho
11th Cir. · 2022 · confidence medium
Thus, whether the First Step Act applies or not, “the district court has already told us that it would impose exactly the same sen- tence.” United States v. Keene, 470 F.3d 1347, 1350 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Jose Manuel Villa Perez
11th Cir. · 2022 · confidence medium
United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
examined Cited as authority (rule) United States v. Mario Floyd (3×) also: Cited "see"
11th Cir. · 2022 · confidence medium
Hence, we “need not review an issue when (1) the district court states it would have imposed the same sentence, even absent an alleged error, and (2) the sentence is substantively reasonable.” United States v. Goldman, 953 F.3d 1213, 1221 (11th Cir. 2020) (citing United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006)).
discussed Cited as authority (rule) Malone v. United States of America (INMATE 3)
M.D. Ala. · 2022 · confidence medium
Even if Malone showed that the PSR improperly calculated his criminal history points—and he clearly does not—he can show no reasonable probability that his sentence would have been different had his trial counsel objected to the district court’s adoption of the PSR’s calculation. “[I]t is not necessary to decide guidelines issues or remand cases for new sentence proceedings where the guidelines error, if any, did not affect the sentence.” United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006) (citing United States v. Williams, 431 F.3d 767, 773 (11th Cir.2005) (Carnes, J., co…
discussed Cited as authority (rule) United States v. Barry D. Harrelson
11th Cir. · 2022 · confidence medium
Additionally, in United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006), we indicated we “need not review an issue when (1) the district court states it would have imposed the same sen- tence, even absent an alleged error, and (2) the sentence is substan- tively reasonable.” United States v. Goldman, 953 F.3d 1213, 1221 (11th Cir. 2020) (emphasis added).
cited Cited as authority (rule) United States v. Christopher Tavorris Wilkins
11th Cir. · 2022 · confidence medium
USCA11 Case: 20-14798 Date Filed: 01/10/2022 Page: 19 of 20 20-14798 Opinion of the Court 19 1213, 1221 (11th Cir. 2020); United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
cited Cited as authority (rule) United States v. Aaron Lavell Lamar
11th Cir. · 2021 · confidence medium
United States v. Keene, 470 F.3d 1347, 1350 (11th Cir. 2006).
cited Cited as authority (rule) United States v. David Murray
11th Cir. · 2021 · confidence medium
United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
discussed Cited as authority (rule) United States v. Donald Howard Conkright
11th Cir. · 2021 · confidence medium
An error in calculating a defendant’s guidelines range is harmless if the district court stated on the record that it would impose the same sentence even if it decided guidelines calculation issues in the defendant’s favor and, assuming the lower range applied, the final sentence was reasonable taking into account the factors set forth in 18 U.S.C. § 3553 (a). 2 See United States v. Keene, 470 F.3d 1347, 1349 (11th Cir. 2006).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Billy Jack KEENE, Defendant-Appellant
06-12076.
Court of Appeals for the Eleventh Circuit.
Nov 30, 2006.
470 F.3d 1347
Arthur Madden, III (CourLAppointed), Madden & Soto, Mobile, AL, for Keene., David Andrew Sigler, Mobile, AL, for U.S.
Anderson, Birch, Carnes.
Cited by 313 opinions  |  Published
CARNES, Circuit Judge:

Between July 26 and August 4, 2005, Billy Jack Keene and his co-conspirators, Jesse Arnold and Jennifer Keene (Keene’s sister and Arnold’s girlfriend), robbed three banks in southern Alabama. As part[*1348] of each heist, Keene or Jennifer would drive Arnold to and from the banks, while Arnold went inside, handed the teller a threatening note, and took the money from the shaken teller. The note Keene and Arnold jointly drafted for the first bank read, “Give me all the money, and no one will get hurt! Love, me.” Keene, Arnold and Jennifer then made away with $5,205.00.

Keene and his co-conspirators were arrested soon after the last bank robbery following a tip from Arnold’s mother to the FBI that her son was responsible for the string of robberies. Keene was indicted for three counts of taking money by force or intimidation from a financial institution insured by the Federal Deposit Insurance Corporation, in violation of 18 U.S.C. § 2113(a). He pleaded guilty to all three counts without a plea agreement.

The probation office submitted a pre-sentence investigation report, which recommended that the district court enhance Keene’s sentencing guideline base offense level by two pursuant to U.S.S.G. § 2B3.1(b)(2)(F). That guidelines provision specifies that if, in the course of a robbery, extortion or blackmail, “a threat of death was made,” the defendant’s base offense level must be “increase[d] by 2 levels.” The theory was that the note Keene had helped draft, which was handed to the teller at the first bank, constituted a threat of death. Keene objected to any threat-of-death enhancement based on the note, arguing that while the note warned the teller that she would be “hurt” if she did not comply with Arnold’s demands, it did not imply that Arnold would kill her. Keene’s position is that the threat of violence alone is not enough for the threat-of-death enhancement.

The district court overruled Keene’s objection and, based on the enhanced offense level and Keene’s criminal history, arrived at an advisory guidelines range of 100 to 125 months imprisonment. Without the two-level threat-of-death enhancement the guidelines range would have been 84 to 105 months imprisonment. The district court sentenced Keene within the enhanced range, imposing a 120-month sentence, but in doing so the court indicated that even if the two-level enhancement had not been applied the court would have reached the same sentence under its 28 U.S.C. § 3553(a) authority to impose a reasonable sentence outside the guidelines range.

In his appeal to us, Keene raises the same issue that he did in the district court, arguing that the U.S.S.G. § 2B3.1(b)(2)(F) enhancement does not apply to threats of violence unless the robber brandished a weapon, stated or suggested he had one, or at least made a menacing gesture. The issue is one of first impression before our Court. From what we can tell, only one other circuit has decided the issue, and it held that the threat-of-death enhancement did in fact apply to circumstances similar to those we have here. See, e.g., United States v. Thomas, 327 F.3d 253, 254-55 (3d Cir.2003) (holding that a note given to bank teller by the defendant, which read, “Do exactly what this says, fill the bag with $100s, $50s and $20s, a dye pack will bring me back for your ass, do it now. Truely [sic] yours,” constituted a threat of death warranting the enhancement). That may be the way the issue should be decided, but we need not decide it in this case.

The reason it is unnecessary for us to decide the enhancement issue is that a decision either way will not affect the outcome of this case. We know it will not because the district court told us that the enhancement made no difference to the sentence it imposed. After the court overruled Keene’s objection and found what it believed to be the appropriate guideline[*1349] range, taking into consideration the two-step enhancement, the court made clear that even if its interpretation and application of U.S.S.G. § 2B3.1(b)(2)(F) was wrong, it would still hand down the same 120-month sentence:

And I will say for the record that even if the guideline calculations are wrong, my application of the sentencing factors under Section 3553(a) would still compel the conclusion that a 10-year sentence [120 months] is reasonable and appropriate under all the factors that I considered.

(R:29:14). The court essentially accepted the invitation extended by the concurring opinion in United States v. Williams, 431 F.3d 767, 773 (11th Cir.2005) (Carnes, J., concurring), which is not surprising since the same district court judge was involved in both cases.

As the concurring opinion in Williams explained, “pointless reversals and unnecessary do-overs of sentence proceedings” can be avoided if district courts faced with disputed guidelines issues state that the guidelines advice that results from decision of those issues does not matter to the sentence imposed after the § 3553(a) factors are considered. Id. Likewise, if resolution of the guidelines issue does matter to the judge’s ultimate sentencing decision, noting that it does “will help focus our attention on the issues that matter.” Id. This approach is a legitimate one because, as the Williams concurring opinion explained, “[t]he Supreme Court and this Court have long recognized that it is not necessary to decide guidelines issues or remand cases for new sentence proceedings where the guidelines error, if any, did not affect the sentence.” Id. (citations to four supporting decisions omitted).

Whether to decide and state on the record if the decision of a guidelines issue matters to the ultimate sentence imposed is up to the district court in each individual case. Id. at 775-76 (“It is the prerogative of sentencing courts to speak or remain silent about such matters. The choice is theirs.”). Here, the district court decided to speak on the matter and told us that its resolution of the § 2B3.1(b)(2)(F) enhancement issue did not matter because it would have imposed the same sentence, using its § 3553(a) authority, even without the enhancement. That is all we need to know, except for one thing.

The one thing we add to the approach suggested in the Williams concurring opinion is that the sentence imposed through the alternative or fallback reasoning of § 3553(a) must be reasonable. In determining whether it is reasonable we must assume that there was a guidelines error — that the guidelines issue should have been decided in the way the defendant argued and the advisory range reduced accordingly — and then ask whether the final sentence resulting from consideration of the § 3553(a) factors would still be reasonable. Otherwise, we will not know whether any error in deciding the guidelines issue, in arriving at the advisory guidelines sentence, was truly harmless. The Williams concurring opinion approach is, after all, an assumed error harmlessness inquiry. It has two components. One is knowledge that the district court would have reached the same result even if it had decided the guidelines issue the other way, and we know that in this case because the court told us. The other component is a determination that the sentence would be reasonable even if the guidelines issue had been decided in the defendant’s favor, and we turn to that question now.

As we have already pointed out, if the district court had decided the U.S.S.G. § 2B3.1(b)(2)(F) enhancement issue in Keene’s favor, the advisory guidelines[*1350] range would have been 84 to 105 months, instead of the 100 to 125 months range that the court arrived at applying the two-level enhancement. The question then is whether the 120-month sentence the court imposed is reasonable, assuming exactly the same conduct and other factors in the case, but using an advisory range of 84 to 105 months.

Our post-Booker reasonableness review takes into account the § 3553(a) factors as well as the advisory guidelines range. United States v. Booker, 543 U.S. 220, 261, 125 S.Ct. 738, 765-66, 160 L.Ed.2d 621 (2005) (maj. op. of Breyer, J.). It is a “deferential” review, and the burden is on the defendant to prove that his sentence is unreasonable in light of the record and § 3553(a). United States v. Valnor, 451 F.3d 744, 750 (11th Cir.2006). Keene cannot carry the burden of showing that his 120-month sentence was unreasonable even with an assumed advisory guidelines range of 84 to 105 months.

The facts developed during the guilty plea and sentence process were that: (1) Keene, at 29 years of age, had already been convicted of possession of marijuana and cocaine, burglary, credit card fraud, passing bad checks, and driving while under the influence; (2) Keene was on probation at the time he committed these crimes; (3) Keene had a leading role in planning the three bank robberies; (4) Keene helped draft the note, which at the very least threatened violence against the bank teller; and (5) Keene induced his sister, who had no criminal history, to join in the criminal enterprise. Given the circumstances, a sentence of 120 months for the three robberies is not unreasonable regardless of whether the guidelines range is 84 to 105 months or 100 to 125 months. See United States v. Hunt, 459 F.3d 1180, 1185 (11th Cir.2006) (“a district court may determine, on a case-by-case basis, the weight to give the Guidelines, so long as that determination is made with reference to the remaining section 3553(a) factors that the court must also consider in calculating the defendant’s sentence”).

For these reasons, we conclude that if there was any misapplication of the § 2B3.1(b)(2)(F) enhancement, “the error did not affect the district court’s selection of the sentence imposed.” Williams v. United States, 503 U.S. 193, 203, 112 S.Ct. 1112, 1120-21, 117 L.Ed.2d 341 (1992). Put a little differently, it would make no sense to set aside this reasonable sentence and send the case back to the district court since it has already told us that it would impose exactly the same sentence, a sentence we would be compelled to affirm.

AFFIRMED.