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13-2539 U.S. v. Hummingbird, appealed from District of South Dakota, per curiam

Sentencing – Upward Variance

 

Where a District Court sentenced a defendant in an abusive sexual contact case to the statutory maximum of 24 months based on an upward variance from the sentencing guideline of six to 12 months, the court did not procedurally err by reconsidering the nature and circumstances of the offense during sentencing, and the percentage of the departure was not sufficient alone to find that the sentence was substantively unreasonable. Judgment affirmed.

13-2539 U.S. v. Hummingbird, appealed from District of South Dakota, per curiam


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