United States v. Eric Many Guns

FILED
NOT FOR PUBLICATION SEP 10 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-30400
Plaintiff - Appellee, D.C. No. 4:12-cr-00045-SEH
v.
MEMORANDUM*
ERIC LEE MANY GUNS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted July 30, 2013**
Before: HUG, CANBY, and LEAVY, Circuit Judges.
Eric Lee Many Guns appeals from the district court’s judgment and
challenges the 33-month sentence imposed following his guilty-plea conviction for
assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 113(a)(6) and
1153(a). We have jurisdiction under 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).
Many Guns contends that his 33-month sentence is substantively
unreasonable because the district court gave insufficient weight to his alcoholism
and undue weight to his tribal criminal history, which scored no criminal history
points under the Guidelines. The district court did not abuse its discretion in
imposing Many Guns’s sentence. See Gall v. United States, 552 U.S. 38, 51
(2007). The within-Guidelines sentence is substantively reasonable in light of the
18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances,
including the severity of the assault and his extensive tribal criminal history. See
id.AFFIRMED.
2 12-30400