102967P.pdf   08/23/2011  United States  v.  Thomas Wohlman
   U.S. Court of Appeals Case No:  10-2967
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Smith, Author, with Bright and Shepherd, Circuit Judges]
   Criminal case - Sentencing. Defendant failed to object at sentencing to
   any alleged procedural sentencing error and his claims of error would only
   be reviewed for plain error; court did not treat the Guidelines as
   mandatory; district court did not err in describing defendant as a repeat
   sex offender; even assuming that the court erred in setting too high a
   burden of proof for defendant's claim that his son's death should be
   considered as a mitigating factor, the error was harmless; record
   supported the district court's conclusion that defendant's conduct was
   becoming bolder based on the steps he took to consummate his criminal
   activity; the district court did not err in discounting defendant's experts'
   testimony regarding the likelihood of recidivist activity; fine in the amount
   of $15,000 affirmed; sentence was not substantively unreasonable; the
   court would not consider claims of ineffective assistance of counsel at
   sentencing. Judge Bright, concurring.