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.
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.