DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152660P.pdf 08/23/2016 United States v. Frank Burns
U.S. Court of Appeals Case No: 15-2660
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Loken, Author, with Beam and Smith, Circuit Judges]
Criminal case - Sentencing. The district court did not err in imposing
enhancements under Guidelines Sec. 2G2.2(b)(4) for possession of sadistic
materials or Sec. 2G2.2(b)(6) for use of a computer in this child
pornography prosecution; no error in imposing an enhancement under
Guidelines Sec. 2G2.2(b)(5) for engaging in a pattern of activity
involving the sexual abuse or exploitation of a minor as defendant
admitted engaging in illegal sexual contact with a minor on several
occasions over a period of at least four years; within-range sentence of
97 months was not substantively unreasonable as the court considered the
3553(a) factors, explained at length the serious impact of defendant's
offense and determined that defendant's mitigating evidence did not outdo
the harm done and the unique nature of the conduct involved in the case.