United States of America v. Bert Travis Little Owl

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NOT FOR PUBLICATION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.
BERT TRAVIS LITTLE OWL,
Defendant - Appellant.
No. 11-30248
D.C. No. 1:10-cr-00098-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Bert Travis Little Owl appeals from the 168-month sentence imposed
following his jury-trial conviction for aggravated sexual assault, in violation of 18
U.S.C. §§ 1153(a) and 2241(c). We have jurisdiction under 28 U.S.C. § 1291, and
FILED
JUL 27 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-30248 2
we affirm.
Little Owl contends that the district court erred by basing his sentence on the
false presumption that he had committed other sexual offenses. This contention is
belied by the record.
Little Owl also contends that his sentence is substantively unreasonable
because it does not reflect his medical needs or his history and personal
characteristics. Under the totality of the circumstances and the 18 U.S.C.
§ 3553(a) sentencing factors, the sentence is substantively reasonable. See Gall v.
United States, 552 U.S. 38, 51 (2007).
AFFIRMED.

-- 2 of 2 --