United States v. Runs Above

Good Law
333 F. App'x 313
United States Court of Appeals for the Ninth CircuitOctober 5, 2009No. 08-30459California162 words

Lead Opinion

MEMORANDUM **

Reno James Runs Above appeals from the 180-month sentence imposed following his guilty-plea conviction for being an accessory after the fact, in violation of 18 U.S.C. § 3 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Runs Above contends that the district court erred by applying a five-level up *314 ward departure for extreme conduct pursuant to U.S.S.G. § 5K2.8, and alternatively, by varying above the advisory Guidelines range. We review for reasonableness. See United States v. Mohamed, 459 F.3d 979, 986-88 (9th Cir.2006). The record indicates that the district court did not procedurally err, and that the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 596-97 , 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.