FILED
NOT FOR PUBLICATION FEB 17 2011
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. 10-30076
Plaintiff - Appellee, D.C. No. 4:09-cr-00084-SEH
v.
MEMORANDUM *
ERICK THOMAS RED DOG,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Erick Thomas Red Dog appeals from the 33-month sentence imposed
following his guilty-plea conviction for being a felon in possession of a firearm, in
violation of 18 U.S.C. § 922(g)(1). We dismiss Red Dog’s appeal.
*
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).
Red Dog contends that his within-Guideline sentence is substantively
unreasonable because it violates the parsimony principle and because it fails to
account for his mitigating circumstances. We are precluded from reaching the
merits of Red Dog’s claim by a valid appeal waiver. See United States v. Nunez,
223 F.3d 956, 958-59 (9th Cir. 2000); see also United States v. Jacobo Castillo,
496 F.3d 947, 957 (9th Cir. 2007) (en banc).
DISMISSED.
2 10-30076