122026P.pdf   12/12/2012  United States  v.  Brandon Tyerman
   U.S. Court of Appeals Case No:  12-2026
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] Benton, Author, with Loken and Smith, Circuit Judges]
   Criminal Case - conviction and sentence. Defendant's disclosure to his
   attorney about location of gun, made during plea negotiations, constituted
   an implicit waiver of attorney-client privilege and thus his Sixth
   Amendment and Fifth Amendment rights were not violated. District
   court did not err in denying motion to dismiss case after firearm was
   destroyed because firearm was mistakenly destroyed and having firearm
   in the courtroom would have been more inculpatory than exculpatory;
   district court did not abuse its discretion in prohibiting defendant from
   presenting evidence of destruction, in rejecting spoliation instruction
   absent evidence of bad faith and prejudice, in admitting prior-acts
   evidence; and in denying motion for mistrial and for new trial. Evidence
   was sufficient. District court did not err by applying a two-level
   adjustment for obstruction of justice based on an attempted escape.