United States v. Byron Yellowbear, Jr. , 361 F. App'x 893 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 11 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-30078
Plaintiff - Appellee, D.C. No. 1:08-CR-00037-JDS
v.
MEMORANDUM *
BYRON B. YELLOWBEAR, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Submitted December 17, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Byron B. Yellowbear, Jr. appeals from the 180-month sentence imposed
following his guilty-plea conviction for aggravated sexual abuse, in violation of 18
U.S.C. §§ 1153(a) and 2241(a)(1). We have jurisdiction pursuant to 28 U.S.C.
*
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).
AK/Research
§ 1291, and we affirm.
Yellowbear contends that the district court erred by failing to adequately
explain the sentence and by using a disputed fact when imposing the sentence. The
record reflects that the district court expressly justified the sentence in terms of the
applicable § 3553(a) factors. Furthermore, there is nothing in the record to indicate
that the district court relied on a disputed fact when imposing the sentence. The
district court did not procedurally err. See Gall v. United States, 552 U.S. 38, 49-
50 (2007).
Yellowbear also contends that the district court’s imposition of a sentence
toward the high end of the advisory Guidelines range was greater than necessary to
comply with the purposes of sentencing set forth in § 3553(a). We conclude that
the sentence is substantively reasonable. United States v. Carty, 520 F.3d 984,
991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
AK/Research 2 09-30078