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8 F. App'x 579

United States v. Gerald Red Cloud

U.S. Courts of Appeals

Decided May 7, 2001

U.S. Courts of Appeals · decided 2001-05-07

Cited by 2 later decisions — most recently July 2003

2 federal appellate ·

Applies 18 U.S.C. § 1153

Relies on Koon v. United States · United States v. Beatty

Good law ✅— No negative treatment on recordhow we know

Decided 2001-05-07

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PER CURIAM.

¶1 Gerald Red Cloud pleaded guilty to engaging in a sexual act with his minor daughter, in violation of 18 U.S.C. § 1153 and South Dakota law. At sentencing the district court 1 departed upward based on presentence report (PSR) statements — to which Red Cloud did not object — that he had sexually abused this daughter and two of his other daughters on several occasions. The court imposed a sentence of 121 months imprisonment and three years supervised release. Red Cloud now challenges the court’s upward departure.

¶2 Having carefully reviewed the record, we conclude the district court did not abuse its discretion in departing upward in light of Red Cloud’s repeated sexual abuse of three of his daughters. See U.S.S.G. § 2A3.1, comment, (n.4) (1998) (upward departure warranted if court determines defendant committed multiple acts of criminal sexual abuse of same or different victims); Koon v. United States, 518 U.S. 81, 100, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996) (standard of review for upward departure); United States v. Beatty, 9 F.3d 686, 690 (8th Cir.1993) (district court may accept as true all factual allegations in PSR not objected to by parties).

¶3 Accordingly, we affirm.

¶4 A true copy.

1

¶5 . The HONORABLE RICHARD H. BATTEY, United States District Judge for the District of South Dakota.

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