United States v. Luis Cruz-Carrasco

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 18 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50336

Plaintiff - Appellee, D.C. No. 3:13-cr-01552-DMS

v.
MEMORANDUM*
LUIS CRUZ-CARRASCO,

Defendant - Appellant.

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).
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.

2 14-50336