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U.S. v. HUMMINGBIRD

No. 13-2539.

743 F.3d 636 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Eddie HUMMINGBIRD, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 25, 2014.

Attorney(s) appearing for the Case

Jana Miner , AFPD, Pierre, SD, for Appellant.

Marie H. Ruettgers , AUSA, Pierre, SD, for Appellee.

Before RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.

[Published]

PER CURIAM.

Eddie Hummingbird pled guilty to one count of abusive sexual contact, in violation of 18 U.S.C. §§ 1153, 2244(b), and 2246(3). The district court1 calculated his sentencing guideline range at 6-12 months. The court varied upward, sentencing Hummingbird to 24 months, the statutory maximum. Hummingbird appeals, contending the sentence is substantively unreasonable. We affirm.

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