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163708P.pdf   08/18/2017  United States  v.  Daniel Lovato
   U.S. Court of Appeals Case No:  16-3708
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Kelly, Circuit 
   Judge] 
   Criminal case - Sentencing. The imposition of both an increase in 
   defendant's offense level under Guidelines Sec. 4B1.5(b) for a pattern of 
   activity involving prohibited sexual conduct and an upward departure under 
   Guidelines Sec. 5K2.21 was not impermissible double counting because the 
   increase in offense level under Sec. 4B1.5 did not fully account for the 
   defendant's eight-year pattern of sexually abusing the minor victim; given 
   the aggravating circumstances and the extraordinary sexual abuse, 
   imposition of the statutory maximum sentence did not create a sentencing 
   disparity, and the sentence was not substantively unreasonable.