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203028P.pdf   06/07/2022  United States  v.  Kendall Streb
   U.S. Court of Appeals Case No:  20-3028
   U.S. District Court for the Southern District of Iowa - Central   
[PUBLISHED] [Stras, Author, with Erickson and Grasz, Circuit Judges] Criminal case - Criminal law and sentencing. Even if the government's late disclosure of benefits it had provided to the victims of defendant's trafficking offenses was a discovery violation, the district court did not abuse its discretion by offering defendant a continuance, a jury instruction and "wide open cross examination" as opposed to the remedies defendant suggested, dismissal or exclusion of the victims' testimony; no evidentiary hearing was necessary to determine if the government acted in bad faith as the court questioned the government at length about the benefits and offered defendant a continuance; challenges to evidentiary ruling rejected; the evidence was sufficient to support a conviction for possession of a firearm in furtherance of a drug trafficking crime; no error in imposing an enhancement under Guidelines Sec. 2G1.3(b)(2)(B) for unduly influencing a minor to engage in prohibited sexual conduct, or in imposing an enhancement under Guidelines Sec. 2G1.3(b)(3) for using a smartphone in the sex offenses, or in imposing an enhancement under Guidelines Sec. 4B1.5(b)(1) for engaging in pattern of prohibited sexual misconduct; the court did not err in calculating defendant's criminal history score as the challenged convictions were properly considered as separate offenses; defendant's sentence, a substantial downward variance, was not substantively unreasonable.