Swank

United States v. Swank

Good Law
676 F.3d 919·2012 WL 1255046·2012 U.S. App. LEXIS 7558
United States Court of Appeals for the Ninth CircuitApril 16, 201211-30072California2,141 words

Opinion

Opinion

Bybee, J.

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’ imprisonment. He appeals the imposition of the two-level enhancement, claiming that he was not entrusted with custody, care, or supervisory control of the victim. We affirm.

I. BACKGROUND AND PROCEEDINGS

On June 23, 2010, the Bureau of Indian Affairs (“BIA”) received a report from the Crow Tribal Law Enforcement that a child had been abused on the reservation. At the time of the relevant conduct, Swank lived in south central Montana with his wife, Annie Swank (“Annie”), their two-year old daughter, and Annie’s three-year old daughter from a prior relationship. Annie reported that Swank had sexually abused her seven-year-old niece (“the victim”). The child had been staying at their home since June 21, 2010, when Annie’s sister asked Annie to watch her…

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