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221197P.pdf 12/12/2022 United States v. Manuel Flores
U.S. Court of Appeals Case No: 22-1197
U.S. District Court for the Southern District of Iowa - Central
[PUBLISHED] [Loken, Author, with Benton and Kobes, Circuit Judges]
Criminal case - Criminal law and Sentencing. The postal inspector did not
seize defendant's package when the inspector followed normal postal
service policies by retaining the package and calling the sender listed on
the label after the package could not be delivered to the named recipient;
the sender could consent to a search of the package, and the inspector
reasonably believed the person he called was the package's sender; motel
staff could surrender defendant's phone after he left it in his room when
he checked out, and the officers had reasonable suspicion to believe the
phone contained evidence of criminal activity; temporary seizure of the
phone while officers sought a warrant did not meaningfully interfere with
defendant's possessory interests; defendant's sentence, an upward variance
based on his jail conduct between his arrest and the sentencing, was not
an abuse of the district court's discretion, and the sentence, a six-month
upward variance from the mandatory minimum, was not substantively
unreasonable.