Mata

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 22 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-4355 D.C. No. Plaintiff - Appellee, 1:23-cr-00053-JLT-SKO-1 v. MEMORANDUM*

GABRIEL MATA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of California Jennifer L. Thurston, District Judge, Presiding

Submitted November 20, 2024** San Jose, California

Before: GRABER, FRIEDLAND, and BUMATAY, Circuit Judges.

Gabriel Mata appeals from a judgment of the district court sentencing him to

33 months’ imprisonment. Because Mata did not object during sentencing, we

review for plain error whether the district court erred by failing to invite allocution.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). United States v. Williams, 5 F.4th 973, 978…