US vs. Fasthorse, No. 10-30093 (4-1-11)(M. Smith with Graeber and Fisher). The defendant appeals a conviction for sexual abuse under 18 USC 2242(2)(B). The defendant argues there is insufficient evidence and the sentence of 130 months is unreasonable. The 9th affirms both conviction and sentence. The victim in the case admits drinking and smoking medical marijuana during the night. When she woke up, she testified, the defendant was on top of her, having sex. The defendant argued consent. The evidence revolved around credibility, and the jury found the victim credible. "Waking up," reasoned the 9th, implies no consent. The sentence was within the guidelines, and the court supported the sentence with appropriate reasons.