United States of America v. James Hisbadhorse

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). Accordingly, Hisbadhorse’s
request for oral argument is denied.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES HISBADHORSE,
Defendant - Appellant.
No. 11-30316
D.C. No. 1:10-cr-00111-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
James Hisbadhorse appeals from the 360-month sentence imposed following
his guilty-plea conviction for aggravated sexual abuse, in violation of 18 U.S.C.
§§ 1153(a), 2241(c), and abusive sexual contact, in violation of 18 U.S.C.
FILED
JUL 03 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30316 2
§§ 1153(a), 2244(a)(5). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm but remand to the district court to correct a clerical error in the judgment.
Hisbadhorse contends that the district court abused its discretion by
imposing a sentence greater than necessary under the 18 U.S.C. § 3553(a) factors,
and by imposing the sentence to run consecutively to Hisbadhorse’s undischarged
state sentence. The district court did not abuse its discretion. The sentence, though
lengthy, is substantively reasonable in light of the totality of the circumstances and
the sentencing factors set forth in section 3553(a). See 18 U.S.C. § 3584; U.S.S.G.
§ 5G1.3(c); Gall v. United States, 552 U.S. 38, 51 (2007).
We remand to the district court with instructions to amend the judgment to
delete reference to 18 U.S.C. § 2241(a)(5) and replace it with 18 U.S.C.
§ 2244(a)(5).
AFFIRMED; REMANDED to correct the judgment.

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