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2022 Supreme(US)(ca8) 182

COURT OF APPEALS FOR THE EIGHTH CIRCUIT
United States – Appellant
Versus
Kendall Streb – Respondent



No. 20-3028 ___________________________

United States of America

Plaintiff - Appellee

v.

Kendall Streb

Defendant - Appellant

------------------------------

Human Trafficking Institute

Amicus on Behalf of Appellee ____________

Appeal from United States District Court for the Southern District of Iowa - Central ____________

Submitted: October 22, 2021 Filed: June 7, 2022 ____________ Before ERICKSON, GRASZ, and STRAS, Circuit Judges. ____________ STRAS, Circuit Judge. A jury found Kendall Streb guilty of various sex-trafficking, firearm, and drug crimes. Although his challenges run the gamut from alleged discovery violations to complaints about his sentence, we affirm.

I.

An indictment charged Streb with child sex-trafficking, illegal possession of firearms, and drug possession and distribution. The drug and firearm charges arose out of his line of work: dealing methamphetamine.

Streb also paid for sex, using both cash and drugs. The sexual encounters started with Minor Victim B, but soon involved her friends too. After law enforcement caught wind of his criminal activities, officers searched his home and found firearms in a closet near some drugs that were packaged for sale.

At trial, a jury found Streb guilty of multiple crimes, 1 which earned him a sentence of 268 months in prison. He argues that the district court2 erred from start to finish, and at nearly every point in between.

II.

Streb’s first set of arguments focus on the government’s eve-of-trial disclosure about benefits it had provided to several minor victims. The district court

1 Sex trafficking of children, 18 U.S.C. § 1591(a)(1), (b)(2); distributing methamphetamine to a minor, 21 U.S.C. §§ 841(a)(1), 859; possessing methamphetamine with intent to distribute it, 21 U.S.C. § 841(a)(1), 841(b)(1)(C); possessing a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. § 924(c)(1)(A)(i); and unlawfully possessing a firearm, 18 U.S.C. §§ 922(g)(3), 924(a)(2). 2 The Honorable Stephanie M. Rose, then United States District Judge for the Southern District of Iowa, now Chief Judge, United States District Court for the Southern District of Iowa.

-2- denied his motion to dismiss the indictment or, in the alternative, to exclude their testimony. We review this decision for an abuse of discretion. See United States v. Sandoval-Rodriguez, 452 F.3d 984, 989 (8th Cir. 2006) (exclusion of testimony); United States v. DeCoteau, 186 F.3d 1008, 1009 (8th Cir. 1999) (dismissal of indictment).

A.

Forty-eight hours before Streb’s trial was set to begin, the government sent defense counsel a short letter disclosing that state and federal law-enforcement officials, including members of the United States Attorney’s Office, had provided basic necessities to Streb’s minor victims, including meals, clothing, and personal- hygiene items. After defense counsel objected to the letter’s lack of specificity, the district court ordered the government to supplement it.

The government returned later that day with more information. For the lunches it provided, for example, the government disclosed who attended and how much they cost. It also reported giving one of the victims $50 in donated gift cards for the purchase of school supplies.

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