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U.S. v. MESTETH

No. 11-3140.

687 F.3d 1034 (2012)

UNITED STATES of America, Plaintiff-Appellee v. Milton James MESTETH, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2012.

Attorney(s) appearing for the Case

Gary G. Colbath , FPD, Scott Duncan McGregor , FPD, on the brief, Rapid City, SD, for appellant.

Heather Thompson , USA, Rapid City, SD, for appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Milton James Mesteth appeals his 60-month sentence imposed by the district court.1 We affirm.

I.

On September 19, 2010, Mesteth, who was 27 years of age, picked up three juveniles and drove them to the mobile home residence of one of the juvenile's former girlfriends with whom the juvenile had been arguing. Mesteth and all three of the juveniles were heavily intoxicated. Finding no one at the...

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