United States Court of Appeals,Eighth Circuit.  ResetAA Font
size: Print   UNITED STATES of America, Appellee, v. Trudell
SMITH, Jr., Appellant.  No. 11–3819.  -- June 14, 2012  Before
MURPHY, BENTON, and SHEPHERD, Circuit Judges.  Justin L. Bell,
Pierre, SD, for Appellant.Timothy Marshall Maher, U.S.
Attorney's Office, Pierre, SD, for Appellee.  Trudell Smith, Jr.
pled guilty to burglary in violation of 18 U.S .C. § 1153
pursuant to a plea agreement. After an upward departure, the
district court1 sentenced Smith to 57 months imprisonment and 5
years of supervised release. Smith appeals his sentence. We
affirm.   On July 16, 2011, after a long night of drinking,
Smith broke into the home of Mattie High Pipe through the window
of a bedroom. The bedroom was shared by High Pipe's daughter
Rosa Aguilar and Aguilar's four-year-old daughter, E.A. Aguilar
awoke to sounds of E.A. crying “Mommy” and observed Smith on top
of E.A. in the child's bed. E.A.'s pajama bottoms and underwear
had been removed, though Aguilar k