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U.S. v. LEVERING

No. 05-3094.

441 F.3d 566 (2006)

UNITED STATES of America, Appellee, v. Duane LEVERING, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 17, 2006.

Attorney(s) appearing for the Case

Jennifer L. Gilg, Asst. Federal Public Defender, argued, Omaha, NE, for appellant.

Michael P. Norris, Asst. U.S. Atty., argued, Omaha, NE, for appellee.

Before SMITH, and HANSEN, Circuit Judges, and BOGUE, District Judge.

SMITH, Circuit Judge.

Duane Levering pleaded guilty to knowingly using force to engage in a sexual act with T.E., a juvenile female who had attained her twelfth birthday but not her fourteenth birthday, and was at least four years younger than Levering, in violation of 18 U.S.C. §§ 2241(c) and 1153. The district court2 sentenced Levering to 87 months' imprisonment and 5 years of supervised release with a special condition of...

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