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U.S. v. BLACKBIRD

No. 19-7007.

949 F.3d 530 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Lee BLACKBIRD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed February 5, 2020.

Attorney(s) appearing for the Case

J. Lance Hopkins , Tahlequah, Oklahoma, for the Appellant Donald Lee Blackbird.

Christopher J. Wilson , Assistant United States Attorney ( Brian J. Kuester , United States Attorney, and Linda A. Epperley , Assistant United States Attorney, on the brief), Office of the United States Attorney for the Eastern District of Oklahoma, Muskogee, Oklahoma, for the Appellee.

Before CARSON, BALDOCK, and EBEL, Circuit Judges.

Defendant, Donald Lee Blackbird, attempted to sexually abuse his fifteen-year-old granddaughter. He pleaded guilty to the offense, and the district court sentenced him to sixty months' imprisonment. At sentencing, the district court applied a sentence enhancement, which increased his base offense level because "the minor was...

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