Legal Opinion
United States v. Swank
Court of Appeals for the Ninth Circuit
Decided April 16, 2012No. 11-30072PublishedCited by 17 opinions
1Opinion of the Court
OPINION
BYBEE, Circuit Judge:
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…
2Cases cited13 opinions
- United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006
- United States v. Rodney Robert Kimbrew, A.K.A. Carlton CochranCourt of Appeals for the Ninth Circuit · 2005
- United States v. BrooksCourt of Appeals for the Ninth Circuit · 2010
- United States v. Violet BruceCourt of Appeals for the Ninth Circuit · 2005
- United States v. RiveraCourt of Appeals for the Ninth Circuit · 2008
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. Edward SullivanCourt of Appeals for the Ninth Circuit · 2015
- United States v. Cabrera-GutierrezCourt of Appeals for the Ninth Circuit · 2013
- United States v. John DoeCourt of Appeals for the Ninth Circuit · 2015
- United States v. Maurice SmithCourt of Appeals for the Ninth Circuit · 2013
- United States v. Ruben Sahagun-GallegosCourt of Appeals for the Ninth Circuit · 2015
12 more not listed; retrieve them via the Exa API.