The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota case.
In United States v. Jacobs the court held that the district court did not err in considering defendant's living situation with the victim even though it declined to impose a "care, custody and control" enhancement under Guidelines Sec. 2A3.2(b)(1); the district court did not abuse its discretion by imposing an upward departure after analyzing the full range of Sec. 3553(a) factors.
Read the court's opinion at https://ecf.ca8.uscourts.gov/cgi-bin/today2.pl