United States v. Gerald Red Cloud

U.S. Court of Appeals for the Eighth Circuit
United States v. Gerald Red Cloud, 8 F. App'x 579 (8th Cir. 2001)

United States v. Gerald Red Cloud

Opinion

PER CURIAM.

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.

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).

Accordingly, we affirm.

A true copy.

1

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

Reference

Full Case Name
UNITED STATES OF AMERICA, Appellee, v. Gerald RED CLOUD, Appellant
Cited By
4 cases
Status
Unpublished