United States of America v. Jesse Lee Knife

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESSE LEE KNIFE,
Defendant - Appellant.
No. 09-30391
D.C. No. 4:09-cr-00057-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Jesse Lee Knife appeals from the 63-month sentence imposed following his
guilty-plea conviction for two counts of assault resulting in serious bodily injury,
in violation of 18 U.S.C. §§ 1153(a) and 113(a)(6). We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
OCT 05 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30391 2
Knife contends that his sentence is unreasonable in light of United States v.
Booker, 543 U.S. 220 (2005), and 18 U.S.C. § 3553(a), because the district court
overstated the offense conduct and failed to sufficiently consider his history and
characteristics. The record reflects that the district court carefully considered the
18 U.S.C. § 3553(a) sentencing factors, including Knife’s history and
characteristics and his argument for a sentence below the advisory Guidelines
range, and provided a well-reasoned and thorough explanation for the sentence
imposed. The district court did not procedurally err, and the sentence is
substantively reasonable under the totality of the circumstances. See Gall v. United
States, 552 U.S. 38, 51 (2007); see also United States v. Carty, 520 F.3d 984, 993
(9th Cir. 2008) (en banc).
AFFIRMED.

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