United States v. Gregory Runningwolf

FILED NOT FOR PUBLICATION JUL 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-30112 Plaintiff - Appellee, D.C. No. 4:08-cr-00106-SEH v. MEMORANDUM * GREGORY JAY RUNNINGWOLF, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Gregory Jay Runningwolf appeals from the 57-month sentence imposed following his jury-trial conviction for assault resulting in serious bodily injury, in * 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). violation of 18 U.S.C. §§ 1153(a) and 113(a)(6). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Runningwolf contends that the district court procedurally erred by failing to provide an adequate explanation for the sentence and also contends that the sentence is substantively unreasonable. The record reflects that the district court did not procedurally err, and the sentence is not substantively unreasonable in light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 49-51 (2007); United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc). AFFIRMED. 2 09-30112