United States of America v. Lester Leecody Runsabove

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LESTER LEECODY RUNSABOVE,
Defendant - Appellant.
No. 15-30299
D.C. No. 1:14-cr-00131-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Lester Leecody Runsabove appeals from the district court’s judgment and
challenges the 34-month sentence imposed following his guilty-plea conviction for
being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C.
§ 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JUN 22 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Runsabove contends that the district court abused its discretion by electing
to run the 34-month sentence consecutive to an undischarged state sentence. He
argues that the resulting sentence is substantively unreasonable in light of his
horrific childhood, his history of substance abuse, and the delay between his state
and federal sentencing hearings. The district court did not abuse its discretion in
imposing Runsabove’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The 34-month consecutive sentence is substantively reasonable in light of
the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances,
including Runsabove’s significant criminal history and the nature of the offense.
See U.S.S.G. § 5G1.3 cmt. n. 4(C); Gall, 552 U.S. at 51.
AFFIRMED.
15-30299 2

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