DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
141505P.pdf 10/21/2014 United States v. Benjaman Shelabarger
U.S. Court of Appeals Case No: 14-1505
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Wollman, Author, with Loken and Murphy, Circuit Judges]
Criminal case - Criminal law and sentencing. Evidence was sufficient to
support defendant's conviction for receiving child pornography; his
210-month sentence does not violate the Eighth Amendment's prohibition
against cruel and unusual punishment given the gravity of the crime, the
number of images he possessed and the nature of the images; defendant was
not entitled to a two-level offense reduction under Guidelines Sec.
2G2.2(b)(1) as he was involved in distribution of the images; no error in
imposing an enhancement under Guidelines Sec. 3C1.1 for obstruction of
justice where the court concluded defendant testified falsely and
willingly under oath.