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.
213473P.pdf 07/08/2022 United States v. Abraham Smith
U.S. Court of Appeals Case No: 21-3473
U.S. District Court for the Southern District of Iowa - Central
[PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Wollman,
Circuit Judge]
Criminal case - Sentencing. The district court did not err in
cross-referencing Guidelines Sec. 2G1.3(c)(1) which applies where the
defendant caused the minor victim to engage in sexually explicit conduct
for the purpose of producing a visual depiction of the conduct; even if
the court erred in applying the reference, the error was harmless in light
of the court's statement that it would have imposed the same sentence
without the cross-reference; defendant's below-guidelines sentence was not
substantively unreasonable.