United States of America v. Luis Cruz-Carrasco

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUIS CRUZ-CARRASCO,
Defendant - Appellant.
No. 14-50336
D.C. No. 3:13-cr-01552-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Luis Cruz-Carrasco appeals from the district court’s judgment and
challenges the six-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Cruz-Carrasco contends that the district court procedurally erred by failing
* 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).
FILED
MAR 18 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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to address his non-frivolous mitigation arguments. We review for harmless error,
see United States v. Munoz-Camarena, 631 F.3d 1028, 1030 (9th Cir. 2011) (per
curiam), and find no error. The record reflects that the district court expressly
addressed Cruz-Carrasco’s mitigation arguments before it imposed a below-
Guidelines revocation sentence.
AFFIRMED.

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