State of Iowa v. Simplice Maggloire Nguepnang
CourtCourt of Appeals of Iowa
Date FiledJune 24, 2026
Docket25-1314
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1314
Filed June 24, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Simplice Maggloire Nguepnang,
Defendant–Appellant.
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Appeal from the Iowa District Court for Wapello County,
The Honorable Michael Carpenter, Judge.
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AFFIRMED
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Martha J. Lucey, State Appellate Defender, and Maria Ruhtenberg,
Assistant Appellate Defender, attorneys for appellant.
Brenna Bird, Attorney General, and Tessa Register, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Schumacher, P.J., and Ahlers and Badding, JJ.
Opinion by Schumacher, P.J.
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SCHUMACHER, Presiding Judge.
Simplice Nguepnang appeals his sentences following convictions for
three counts of sexual abuse in the third degree, in violation of Iowa Code
section 709.4(1)(b)(2)(d) (2023). He asserts the district court committed an
abuse of discretion by sentencing him to three consecutive ten-year terms of
incarceration rather than probation. Upon our review, we affirm.
I. Background Facts & Proceedings
In August 2023, the State charged Nguepnang with three counts of
distributing controlled substances to minors, four counts of human
trafficking, one count of second-degree sexual abuse, and three counts of
third-degree sexual abuse. The charges were based on allegations that
Nguepnang enticed three fourteen-year-old girls and one thirteen-year-old
girl to have sex with him in exchange for drugs and alcohol. The case
proceeded to jury trial in May 2025.
The district court dismissed the human trafficking counts by granting
a judgment of acquittal. After submission of the remaining counts to the jury,
Nguepnang was acquitted on the second-degree sexual abuse count as well as
on the three counts of distributing controlled substances to minors. But the
jury found Nguepnang guilty of three counts of third-degree sexual abuse,
class “C” felonies.
The district court sentenced Nguepnang to an indeterminate term of
incarceration of ten years on each count, to run consecutively. Nguepnang
appeals.
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II. Analysis
We review challenges to sentencing for abuse of discretion by the
sentencing court. State v. Formaro, 638 N.W.2d 720, 724 (Iowa 2002). “An
abuse of discretion will not be found unless we are able to discern that the
decision was exercised on grounds or for reasons that were clearly untenable
or unreasonable.” Id. A district court’s sentencing decision “is cloaked with
a strong presumption in its favor.” State v. Damme, 944 N.W.2d 98, 105–06
(Iowa 2020). This presumption can be overcome by “demonstrating the
court relied on an improper [sentencing] factor.” Id. at 106.
“The societal goals of sentencing are to provide maximum
opportunity to rehabilitate the defendant and to protect the community.” Id.
The court should consider multiple factors when imposing a sentence,
including:
The nature of the offense, the attending circumstances, the age, character
and propensity of the offender, and the chances of reform. Before imposing
its sentence, the court must additionally consider the defendant’s prior
record of convictions or deferred judgments, employment status, family
circumstances, and any other relevant factors, as well as which of the
sentencing options would satisfy the societal goals of sentencing.
Id. (cleaned up).
Nguepnang asserts that the district court improperly focused on the
nature of the offenses during sentencing, to the exclusion of other
considerations such as his lack of criminal history, gainful employment, and
low score on “risk of future victimization” from the presentence
investigation report. He also argues the district court ignored the possibility
of rehabilitation.
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The district court stated the following, in part, at Nguepnang’s
sentencing hearing:
Mr. Nguepnang, it’s my duty under the law to review what’s
available to me in terms of community resources and appropriate
rehabilitative plan for you while also considering that the public must be
protected.
In doing so, I look at the seriousness of the crime, the effect that
the crime has had on members of the community, your willingness to
accept change and treatment, if necessary, and what is available in the
community to assist you in that process . . . .
In coming to a sentence, there are some mitigating factors in your
behavior . . . . [Y]ou don’t have a criminal history to speak of . . . . [Y]ou do
have a strong employment history.
....
Your age is an aggravating factor. You’re a grown man. The nature
of the offenses are serious aggravating factors. The statements of the
victims. The Court considers those and the damage that you’ve done to
the victims.
....
[T]his isn’t something that just passively happened to you. You
were encouraging, you were recruiting, asking them to bring friends.
There’s nothing in the evidence that I saw that indicates you would have
stopped yourself from victimizing any fourteen-year-old that would have
come your way.
Here, the district court considered rehabilitation and relevant
mitigating and aggravating factors. It was appropriate for the sentencing court
to determine that the nature of the offenses weighed heavily against any
mitigating factors. See State v. Farnum, 397 N.W.2d 744, 749–51 (Iowa 1986)
(affirming three consecutive sentences for second-degree sexual abuse for a
defendant who gave marijuana to three victims and rejecting defendant’s
claim that the district court improperly weighed the nature of the offense
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more than the need for rehabilitation); see also State v. Hussain, No. 23-1166,
2024 WL 2043155, at *3 (Iowa Ct. App. May 8, 2024) (affirming consecutive
sentences for third-degree sexual abuse “based on the seriousness of
[defendant’s] offenses” and the impact on the victims).
We discern no abuse of discretion in the sentencing court’s
determination.
III. Conclusion
For the reasons above, we affirm Nguepnang’s sentences.
AFFIRMED.
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