USA V. LUIS AVILA-ACOSTA, No. 14-50368 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 25 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-50368 D.C. No. 3:11-cr-04107-GT v. MEMORANDUM* LUIS ENRIQUE AVILA-ACOSTA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Gordon Thompson, Jr., District Judge, Presiding Submitted February 17, 2015** Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges. Luis Enrique Avila-Acosta 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. * 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). 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. MunozCamarena, 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. 2 14-50368

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