United States of America v. Luis Enrique Avila-Acosta

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUIS ENRIQUE AVILA-ACOSTA,
Defendant - Appellant.
No. 14-50368
D.C. No. 3:11-cr-04107-GT
MEMORANDUM*
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.
FILED
FEB 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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.
14-50368 2

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