United States v. Sky Little Coyote

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 13 2018 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-30181 Plaintiff-Appellee, D.C. No. 1:10-cr-00015-SPW

v.

MEMORANDUM*

SKY MIGUEL LITTLE COYOTE,

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Submitted April 11, 2018** Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

Sky Miguel Little Coyote appeals from the district court’s judgment and challenges the 10-month sentence imposed upon his fourth revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Little Coyote contends that the sentence is substantively unreasonable

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

because, in light of his severe emotional problems, imposition of a custodial term will not ensure the protection of the public, deter him, or result in his rehabilitation. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The high-end sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Little Coyote’s repeated violations of supervised release. See Gall, 552 U.S. at 51; United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007) (at a revocation sentencing, violator may be sanctioned for breaching the court’s trust).

AFFIRMED.

2 17-30181