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U.S. v. SEMSAK

No. 02-30153.

336 F.3d 1123 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. William Thomas SEMSAK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2003.

Attorney(s) appearing for the Case

Robin B. Hammond, Federal Defenders of Montana, Billings, MT, for the appellant.

C. Ed Laws, United States Attorney's Office, Billings, MT, for the appellee.

Before: B. FLETCHER, BRUNETTI, and McKEOWN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge.

This case involves the fatal combination of alcohol and an eighteen-wheel tractor-trailer. William Thomas Semsak, drunk behind the wheel of his big-rig truck, collided with a car, killing its driver. Semsak pled guilty to involuntary manslaughter and now appeals his sentence. The district court departed upward four levels in sentencing Semsak, reasoning that the size of the truck and the recklessness of Semsak's driving took...

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