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U.S. v. FASTHORSE

No. 10-30093.

639 F.3d 1182 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Jerome FASTHORSE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2011.

Attorney(s) appearing for the Case

Marcia Hurd , Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.

Evangelo Arvanetes , Assistant Federal Defender, Great Falls, MT, for the defendant-appellant.

Before: SUSAN P. GRABER, RAYMOND C. FISHER, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

A jury convicted defendant Marvin Jerome Fasthorse of sexual abuse in violation of 18 U.S.C. § 2242(2)(B). On appeal, he contends that there was insufficient evidence to support the conviction, and that his sentence was procedurally erroneous and substantively unreasonable. We disagree, and affirm the conviction and sentence.

BACKGROUND

Sometime in the late evening of November 9, 2008, or the early...

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