063252P.pdf   10/04/2007  USA  v.  Christopher Myers
   U.S. Court of Appeals Case No:  06-3252
                          and No:  06-3581
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Benton, Author, with Bye and Riley, Circuit Judges]
   Criminal Case - conviction. Conviction and sentence for mailing
   threatening communications are affirmed. District court did not abuse its
   discretion in denying motion for continuance, as there was sufficient time
   to prepare for trial and defendant did not show prejudice. Admission of
   evidence of new threatening letters mailed during litigation was not error,
   as they show absence of mistake or accident; one-year gap does not
   destroy probative value of evidence; district court did not abuse its
   discretion in admitting evidence under Rule 403. District court did not
   err in failing to hold hearing on post-trial motions. Sufficient evidence
   was presented that defendant caused threatening letters to be mailed. 
   District court's issuance of 60-month sentence, based on a downward
   variance of 40%, is not unreasonable. District court fully explained the
   rationale for rejecting the advisory guidelines range and set forth enough
   to satisfy the court that sentence with mental health treatment and
   supervised release was the most effective sentence.