United States of America v. Erick Thomas Red Dog

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NOT FOR PUBLICATION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.
ERICK THOMAS RED DOG,
Defendant - Appellant.
No. 10-30076
D.C. No. 4:09-cr-00084-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Erick Thomas Red Dog appeals from the 33-month sentence imposed
following his guilty-plea conviction for being a felon in possession of a firearm, in
violation of 18 U.S.C. § 922(g)(1). We dismiss Red Dog’s appeal.
FILED
FEB 17 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30076 2
Red Dog contends that his within-Guideline sentence is substantively
unreasonable because it violates the parsimony principle and because it fails to
account for his mitigating circumstances. We are precluded from reaching the
merits of Red Dog’s claim by a valid appeal waiver. See United States v. Nunez,
223 F.3d 956, 958-59 (9th Cir. 2000); see also United States v. Jacobo Castillo,
496 F.3d 947, 957 (9th Cir. 2007) (en banc).
DISMISSED.

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