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.
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.