USA V. JOSE AVILA-COTA, No. 11-10331 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 22 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 11-10331 11-10332 Plaintiff - Appellee, D.C. Nos. 4:10-cr-50184-DCB 4:10-cr-01512-DCB v. JOSE FRANCISCO AVILA-COTA, a.k.a. Francisco Avila, a.k.a. Francisco AvilaCota, a.k.a. Jose F. Avila-Cota, MEMORANDUM* Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted March 12, 2013** Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges. Jose Francisco Avila-Cota appeals from the district court s judgment and challenges the 57-month sentence imposed following his jury-trial conviction for reentry after deportation, in violation of 8 U.S.C. § 1326, and the 21-month * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Avila-Cota contends the district court procedurally erred by failing to consider all of the 18 U.S.C. § 3553(a) sentencing factors and by failing to explain the sentence imposed. We review for plain error, see United States v. ValenciaBarragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The district court adequately considered the section 3553(a) sentencing factors and explained the sentence sufficiently to permit appellate review. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). Avila-Cota next contends that the district court violated the parsimony principle and imposed a substantively unreasonable sentence by giving too much weight to recidivism. The district court did not abuse its discretion in imposing Avila-Cota s sentences. See Gall v. United States, 552 U.S. 38, 51 (2007). AvilaCota s consecutive sentences are substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including AvilaCota s extensive criminal history. See id. AFFIRMED. 2 11-10331 & 11-10332
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