113702P.pdf   12/21/2012  United States  v.  Jeffrey J. Grimes
   U.S. Court of Appeals Case No:  11-3702
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and
   Colloton, Circuit Judge]
   Criminal case - Criminal law and Sentencing. For Speedy Trial Act
   purposes, the district in which the charge was pending was solely the
   District of South Dakota, and the relevant period for purposes of the Act
   began to accrue when defendant appeared there and not when he made an
   initial appearance in West Virginia; count charging violation of 47 U.S.C.
   Sec. 223(a)(1)(D) governing repeated or continuous telephone calls was
   not multiplicitous with the counts charging violation of 47 U.S.C. Sec.
   223(a)(1)(E) dealing with harassing communications; however, the
   subsection E offenses charged in Counts 12-17 were multiplicitous, and
   the district court is directed to vacate the convictions on Counts 13-17;
   district court did not err in determining defendant was a career offender
   under Guidelines Sec. 4B1.1; defendant presented information about his
   military service and mental health, and the court would presume the
   district court considered the information in determining sentence;
   sentence was not substantively unreasonable as a variance in light of the
   3553(a) factors.