United States v. Fasthorse

OPINION

M. SMITH, Circuit Judge:

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…