United States v. Justin Tendoy , 372 F. App'x 712 ( 2010 )

FILED
NOT FOR PUBLICATION MAR 26 2010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. 09-30275
Plaintiff - Appellee, D.C. No. 4:08-CR-00099-SEH
v.
MEMORANDUM *
JUSTIN DALE TENDOY,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Justin Dale Tendoy appeals from the six-month sentence imposed upon the
revocation of his probation. We have jurisdiction pursuant to 28 U.S.C. § 1291,
and we affirm.
*
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).
NC/Research
Tendoy contends that the sentence is unreasonable in light of his
background, history, and treatment needs, and the fact that the district court placed
undue weight on the guidelines range and the need for sanctions. The record
reflects that the district court committed no procedural error, and that the sentence
is substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.
2008) (en banc); see also United States v. Peters, 470 F.3d 907, 909 (9th Cir.
2006) (per curiam) (stating that sentences imposed upon revocation of probation
are reviewed for reasonableness).
AFFIRMED.
NC/Research 2 09-30275