United States v. Luis Avila-Acosta
United States v. Luis Avila-Acosta
Opinion
MEMORANDUM **
Luis Enrique Avila-Aeosta appeals from the district court’s judgment and challenges the 21-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Avila-Acosta contends that the district court procedurally erred by failing to respond to his non-frivolous argument for leniency and by failing to explain adequately its sentence. We review for harmless error, see United States v. Munoz-Camarena, 631 F.3d 1028, 1030 & n. 5 (9th Cir. 2011) (per curiam), and find no error. The record reflects that the district court considered Avila-Acosta’s arguments' for leniency, and the court’s explanation of its low-end Guidelines sentence was adequate. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Luis Enrique AVILA-ACOSTA, Defendant-Appellant
- Status
- Unpublished