United States Ninth Circuit
US v. Fasthorse, 10-30093
Conviction and sentencing of defendant for sexual abuse, 18 U.S.C. section 2242(2)(B), is upheld where a reasonable jury may conclude that a person who is asleep when a sexual act begins is physically unable to decline participation, and imposition of a 130-month sentence was not an abuse of discretion.
Appellate Information
- Decided 04/01/2011
- Published 04/01/2011
Judges
- SMITH
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Marcia Hurd, Evangelo Arvanetes