United States of America v. Sky Miguel Little Coyote

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SKY MIGUEL LITTLE COYOTE,
Defendant-Appellant.
No. 17-30181
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
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).
FILED
APR 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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