United States of America v. Joseph Michael Sure Chief

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSEPH MICHAEL SURE CHIEF,
Defendant - Appellant.
No. 11-30347
D.C. No. 4:11-cr-00021-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Joseph Michael Sure Chief appeals from the 90-month sentence imposed
following his guilty-plea conviction for assault resulting in serious bodily injury, in
violation of 18 U.S.C. §§ 1153 and 113(a)(6), and assault with a dangerous
FILED
SEP 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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weapon, in violation of 18 U.S.C. §§ 1153(a) and 113(a)(3). We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Sure Chief contends that the district court committed procedural error when
it stated that Sure Chief was referring to the victim when he said that somebody
was going to die. The district court’s statement was not clearly erroneous. See
United States v. Hinkson, 585 F.3d 1247, 1261 (9th Cir. 2009) (en banc).
Sure Chief also contends that his sentence is substantively unreasonable
because the district court gave undue weight to the victim’s sentencing testimony
and sentenced Sure Chief as though he had been convicted of attempted murder.
The above-Guidelines sentence is substantively reasonable in light of the totality of
the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See Gall v.
United States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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