072131P.pdf   04/04/2008  United States  v.  Harley Tyndall
   U.S. Court of Appeals Case No:  07-2131
   District of Nebraska - Omaha   
   [PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and
   Shepherd, Circuit Judge]
   Criminal case - criminal law and sentencing. Claim of Brady violation
   rejected as there was no reasonable probability that the verdict would
   have been different if defendant had access to the information before trial,
   and the disclosure of the evidence during trial was not so untimely that it
   prevented defendant from making use of it at trial; no error in increasing
   defendant's offense level for obstruction of justice or in refusing to grant
   defendant an offense-level reduction for acceptance of responsibility;
   base offense level was properly calculated; increase in the base
   offense level was not so extreme that the district court should have found
   the existence of the relevant conduct under a clear and convincing
   standard rather than by a preponderance of evidence; no error in
   increasing offense level based on the age of the victim.