Opinion
No. 17-30181
04-13-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SKY MIGUEL LITTLE COYOTE, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 1:10-cr-00015-SPW MEMORANDUM Appeal from the United States District Court for the District of Montana
Susan P. Watters, District Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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 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.