DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063781P.pdf 11/02/2007 USA v. Lester John White Jr
U.S. Court of Appeals Case No: 06-3781
and No: 063886
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Bye, Author, with Riley and Benton, Circuit Judges]
Criminal case - Criminal law and sentencing. Evidence was sufficient
to support convictions for receiving, possessing and distributing child
pornography; no error in imposing an enhancement under Guidelines Sec.
3A1.1 while also imposing an enhancement under Sec. 2G2.2(b)(1) as the
enhancements were based on separate victims; no error in imposing a
two-level enhancement under Guidelines Sec. 2G2.2(b)(2)(E) for
distribution of child pornography; on government's cross-appeal, the
district court did not abuse its discretion in granting a 33% downward
variance; sentence was not unreasonable in light of the mitigating
circumstances the court identified. Judge Riley, concurring in part and
dissenting in part.