FILED
NOT FOR PUBLICATION JUL 16 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-30341
Plaintiff - Appellee, D.C. No. 4:09-cr-00024-SEH-1
v.
MEMORANDUM *
HAROLD DEAN DUPREE,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Argued and Submitted July 13, 2010
Seattle, Washington
Before: REINHARDT, GRABER and PAEZ, Circuit Judges.
Harold Dupree pled guilty to voluntary manslaughter and was sentenced to
an above-Guidelines sentence of 160 months. He appeals that sentence,
contending that it was substantively unreasonable. We have jurisdiction, and we
affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
We review sentences for abuse of discretion, and “only a procedurally
erroneous or substantively unreasonable sentence will be set aside.” United States
v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). Dupree contends that the
justification for his sentence that the district court provided was not “sufficiently
compelling,” see id. at 991, and that his sentence was substantively unreasonable.
The district court justified the above-Guidelines sentence it imposed on Dupree by
reference to Dupree’s extensive criminal record, which included tribal convictions
for violent conduct and a 1983 murder conviction that were not counted in the
Guidelines criminal history calculation. On this record, we cannot conclude that
the district court’s justification for the sentence imposed was insufficient or that
the sentence itself was substantively unreasonable. See 18 U.S.C. § 3553(a).
AFFIRMED.
2