United States of America v. Gregory Jay Runningwolf

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NOT FOR PUBLICATION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.
GREGORY JAY RUNNINGWOLF,
Defendant - Appellant.
No. 09-30112
D.C. No. 4:08-cr-00106-SEH
MEMORANDUM*
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
FILED
JUL 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30112 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.

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