USA V. LESTER RUNSABOVE, No. 15-30299 (9th Cir. 2016)
Annotate this Case
Download PDF
FILED JUN 22 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 15-30299 D.C. No. 1:14-cr-00131-SPW v. MEMORANDUM* LESTER LEECODY RUNSABOVE, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding Submitted June 14, 2016** Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges. Lester Leecody Runsabove appeals from the district court’s judgment and challenges the 34-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * 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). Runsabove contends that the district court abused its discretion by electing to run the 34-month sentence consecutive to an undischarged state sentence. He argues that the resulting sentence is substantively unreasonable in light of his horrific childhood, his history of substance abuse, and the delay between his state and federal sentencing hearings. The district court did not abuse its discretion in imposing Runsabove’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 34-month consecutive sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Runsabove’s significant criminal history and the nature of the offense. See U.S.S.G. § 5G1.3 cmt. n. 4(C); Gall, 552 U.S. at 51. AFFIRMED. 2 15-30299
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
