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U.S. v. SWANK

No. 11-30072.

676 F.3d 919 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Timothy SWANK, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2012.

Attorney(s) appearing for the Case

Anthony R. Gallagher , Federal Defender, Great Falls, MT, for the appellant.

Marcia Hurd and Lori Harper Suek (argued), Assistant United States Attorney, Billings, MT, for the appellant.

Before: WILLIAM A. FLETCHER, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges.

OPINION

BYBEE, Circuit Judge:

Robert Timothy Swank Sr. ("Swank") pled guilty to Abusive Sexual Contact, in violation of 18 U.S.C. §§ 2244(a)(5), 1153(a). The victim was his wife's minor niece who had been staying with the couple while her mother was away. At sentencing, the district court imposed a two-level Guidelines enhancement, finding that the victim was "in the custody, care, or supervisory control of" Swank. Swank was sentenced to 151 months...

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