United States v. Jose Avila-Cota , 513 F. App'x 678 ( 2013 )

FILED
NOT FOR PUBLICATION MAR 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 11-10331
11-10332
Plaintiff - Appellee,
D.C. Nos. 4:10-cr-50184-DCB
v. 4:10-cr-01512-DCB
JOSE FRANCISCO AVILA-COTA, a.k.a.
Francisco Avila, a.k.a. Francisco Avila- MEMORANDUM*
Cota, a.k.a. Jose F. Avila-Cota,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Jose Francisco Avila-Cota appeals from the district court’s judgment and
challenges the 57-month sentence imposed following his jury-trial conviction for
reentry after deportation, in violation of 8 U.S.C. § 1326, and the 21-month
*
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).
consecutive sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Avila-Cota contends the district court procedurally erred by failing to
consider all of the 18 U.S.C. § 3553(a) sentencing factors and by failing to explain
the sentence imposed. We review for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The district court
adequately considered the section 3553(a) sentencing factors and explained the
sentence sufficiently to permit appellate review. See United States v. Carty, 520
F.3d 984, 992 (9th Cir. 2008) (en banc).
Avila-Cota next contends that the district court violated the parsimony
principle and imposed a substantively unreasonable sentence by giving too much
weight to recidivism. The district court did not abuse its discretion in imposing
Avila-Cota’s sentences. See Gall v. United States, 552 U.S. 38, 51 (2007). Avila-
Cota’s consecutive sentences are substantively reasonable in light of the section
3553(a) sentencing factors and the totality of the circumstances, including Avila-
Cota’s extensive criminal history. See id.AFFIRMED.
2 11-10331 & 11-10332