Tuesday, April 17, 2012

U.S. v. Swank, No. 11-30072 (4-16-12) (Bybee with W. Fletcher and Fisher).

The 9th considers what constitutes "custody, care, or supervisory control" for an enhancement of +2 in an abusive sexual contact guidelines sentencing. In this case, the defendant lived with his wife, and was responsible with her for the care of her niece. The "custody, care, supervision" is broadly construed, following the application note, and really looks to who is responsible or has authority over the victim, usually a child. The enhancement here was not error.


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