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U.S. v. BEGAYE

No. 09-4075.

635 F.3d 456 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Harrison BEGAYE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 25, 2011.

Attorney(s) appearing for the Case

Stephen J. Sorenson , Assistant United States Attorney ( Brett L. Tolman , United States Attorney, with him on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Bretta Pirie , Assistant Federal Public Defender ( Steven B. Killpack , Federal Public Defender, with her on the briefs), Salt Lake City, UT, for Defendant-Appellant.

Before TYMKOVICH and HOLMES, Circuit Judges, and POLLAK, District Judge.

HOLMES, Circuit Judge.

Defendant-Appellant Harrison Begaye pleaded guilty to a felony information alleging aggravated sexual abuse of his eleven-year-old daughter, in violation of 18 U.S.C. §§ 2241(a) and 1153(a). The district court calculated a advisory Guidelines range of 210 to 262 months' imprisonment. In sentencing Mr. Begaye, however, the district court departed upward, sentencing him to twenty-five years (i.e., 300 months) in prison to be followed...

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