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172689P.pdf   06/28/2018  United States  v.  Cynthia Mitteness
   U.S. Court of Appeals Case No:  17-2689
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Melloy, Author, with Smith Chief Judge, and Shepherd, Circuit Judge] Criminal case - Sentencing. The district court did not err in applying a two-level enhancement for undue influence under Guidelines Sec. 2G1.3(b)(2)(B) where defendant helped groom her minor child for criminal sexual activity with defendant's male friend; here, the application of both this enhancement and one for parental relationship under Guidelines Sec. 2G1.2(b)(1)(A) did not result in impermissible double-counting; nor did the court err in applying a two-level enhancement under Guidelines Sec. 2G1.3(b)(3)(A) for use of a computer where the computer and programs like Facebook were used to persuade and influence the child to engage in the sexual activities; defendant's bottom-of-the-guidelines-range sentence was tied to the facts in the case, did not rely unduly on defendant's status as the victim's mother, was the result of a careful weighing of the 3553(a) factors and was not an abuse of the district court's discretion.