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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.