United States v. Avila

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Luz Dary AVILA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Dec 12, 2005

155 F. App'x 377 (9th Cir. 2005)

Opinion

155 Fed.Appx. 377 (9th Cir. 2005) UNITED STATES of America, Plaintiff--Appellee, v. Luz Dary AVILA, Defendant--Appellant. No. 03-50450. United States Court of Appeals, Ninth Circuit. December 12, 2005

Submitted December 5, 2005. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, John F. Walter, District Judge, Presiding. D.C. No. CR-03-00146-JFW-01.

Before: GOODWIN, W. FLETCHER, and FISHER, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Federal prisoner Luz Dary Avila appeals the 63-month sentence imposed following her guilty-plea conviction for robbery and conspiracy to interfere with commerce by robbery, in violation of 18 U.S.C. § 1951. We have jurisdiction under 28 U.S.C. § 1291.

We remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc).

REMANDED.