141422P.pdf   03/23/2015  United States  v.  Cesar Gonzalez
   U.S. Court of Appeals Case No:  14-1422
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and Beam, Circuit 
   Judge] 
   Criminal case - Criminal law and sentencing.UPS employees were not acting 
   as government agents, and the search they conducted of a package was a 
   private search and did not implicate the Fourth Amendment; temporary 
   seizure of a second package was based on a reasonable suspicion of 
   criminal activity; duration of seizure (three and one-half hours) was not 
   unreasonable; drug dog alert provided an adequate basis for issuance of a 
   search warrant; omission from the warrant application of the fact that the 
   drug dog initially also showed interest in another package was not the 
   kind of reckless disregard of the truth which requires a Franks hearing; 
   no error in denying defendant's request for a two-level reduction under 
   Guidelines Sec. 3E1.1(a) for acceptance of responsibility; district court 
   properly weighed the 3553(a)factors and considered defendant's request for 
   a downward variance; disparity between defendant's sentence and a 
   co-defendant's was justified by defendant's escalating pattern of criminal 
   conduct and the fact that he was on probation when he committed this 
   offense.