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U.S. v. MERRITT

No. 92-2280.

982 F.2d 305 (1992)

UNITED STATES of America, Appellee, v. Robert V. MERRITT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1992.

Rehearing and Rehearing Denied February 12, 1993.

Attorney(s) appearing for the Case

Steven K. Rabuck, Sioux Falls, SD, for appellant.

Kevin V. Schieffer, Sioux Falls, SD (Kevin V. Schieffer and Michelle G. Tapken, on the brief), for appellee.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and VAN SICKLE, Senior District Judge.

Rehearing and Rehearing En Banc Denied February 12, 1993.

MAGILL, Circuit Judge.

Robert V. Merritt pled guilty to the offense of aggravated sexual abuse and was sentenced to 168 months imprisonment. Merritt appeals from this sentence, claiming the district court1 erred by enhancing his sentence for the victim being in Merritt's custody, care, or supervisory control and for the use of force during the offense. He contends (1) the...

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