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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 18 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-50336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