Fasthorse

United States v. Fasthorse

Good Law
639 F.3d 1182·2011 WL 1204276·2011 U.S. App. LEXIS 6743
United States Court of Appeals for the Ninth CircuitApril 1, 201110-30093California1,169 words

Opinion

Opinion

Smith, J.

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 morning of November 10, 2008, Fasthorse engaged in sexual intercourse with the victim. At trial, the victim testified that she had been drinking and smoking marijuana throughout the day on November 9, and that she remembered waking up that night while Fasthorse was having sex with her. Fasthorse testified that she “wasn’t asleep” and that she consented to having sex with him. Both the prosecution and defense presented witnesses addressing the two main witnesses’ credibility and corroborating various aspects of their competing versions of events.

After deliberating for about three hours, the jury found Fasthorse guilty. The district judge imposed a within-Guidelines sentence of 130 months imprisonment.

JURISDICTION AND STANDARD OF REVIEW

The district court exercised…

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