213830P.pdf   06/12/2023  United States  v.  Patrick Webb, Jr.
   U.S. Court of Appeals Case No:  21-3830
   U.S. District Court for the Northern District of Iowa - Eastern   
   [PUBLISHED] [Smith, Author, with Arnold and Stras, Circuit Judges] 
   Criminal case - Criminal law and Sentencing. The doctrine of invited error 
   bars defendant's argument that the district court constructively amended 
   the indictment by giving an instruction that separated the element of 
   protected location from the other elements of the offense of distributing 
   a controlled substance near a protected location; it also bars defendant's 
   claim the court erred by failing to give a complete entrapment defense; 
   counsel's failure to object to the instructions had no discernible effect 
   on the trial verdict, and defendant's claim of ineffective assistance of 
   counsel is rejected; the argument that application of U.S. v. Henderson, 
   11 Fed. 4th 713 (8th Cir. 2021), which was issued after the first PSR was 
   prepared but before sentencing, to determine whether defendant was a 
   career offender was procedural error rejected - see U.S. v. Evans, 63 
   F.4th 1157 (8th Cir. 2023); the district court's comments concerning the 
   ice methamphetamine guidelines did not establish that the court treated 
   the guidelines as mandatory; defendant's sentence, a downward variance, 
   was not substantively unreasonable.