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United States of America v. Brandin Christian Hagen

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Submitted: March 18, 2011

Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.

In September of 2009, Brandin Hagen began a sexual relationship with N.M., the thirteen-year-old daughter of his girlfriend, with whom he resided in Fredericksburg, Iowa. The sexual contact began when Hagen, a twenty-seven-year-old truck driver, took N.M. on a trip in his semi tractor-trailer from Fredericksburg to Bonner Springs, Kansas-a one-way drive of approximately six-and-a-half hours. N.M. fell asleep in the truck and was awakened by Hagen fondling her breasts and vagina. N.M. pretended that she was still asleep in the hope that Hagen would stop, but he continued to touch her. While no sexual conduct beyond fondling occurred during this trip, Hagen’s sexual abuse of N.M. progressed over the next several months. From September to December 2009, Hagen engaged in multiple sexual acts with N.M., including digitally penetrating her, performing oral sex on her, having her perform oral sex on him, and repeatedly engaging in sexual intercourse with her. During this period, Hagen took N.M. on another trip to Bonner Springs. After they arrived, Hagen engaged in sexual intercourse with N.M. on the bottom bunk in the sleeper area of his truck. Hagen told N.M. to lie to her mother about the incident and tell her that they had slept in separate bunks.

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