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191891P.pdf 12/18/2020 United States v. Josh Isler
U.S. Court of Appeals Case No: 19-1891
U.S. District Court for the Northern District of Iowa - Waterloo
[PUBLISHED] [Shepherd, Author, with Loken and Erickson, Circuit Judges]
Criminal case - Sentencing. In a case where defendant stole trade secrets
from his former employer and shared them with his new employer, the
district court did not err in determining that the seriousness of the
offense was not captured in the advisory guidelines calculation and in
varying upwards to impose a 42-month sentence; the court considered
defendant's arguments regarding the government's inability to prove the
amount of loss; the district court did not rely on clearly erroneous facts
as a basis to increase defendant's sentence as the court's findings are
amply supported by the record; sentence imposed was not substantively
unreasonable.