UNITED STATES of America, Plaintiff-Appellee, v. Eric Lee Many GUNS, Defendant-Appellant, 540 F. App'x 578

MEMORANDUM Eric Lee Many Guns appeals from the district court’s judgment and challenges the 33-month sentence imposed following his guilty-plea conviction for assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 113(a)(6) and 1153(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Many Guns contends that his 33-month sentence is substantively unreasonable because the district court gave insufficient weight to his alcoholism and undue weight to his tribal criminal history, which scored no criminal history points under the Guidelines.

The district court did not abuse its discretion in imposing Many Guns’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(

a) sentencing factors and the totality of the circumstances, including the severity of the assault and his extensive tribal criminal history. See id. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.