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Criminal Law: Sentencing-Prior Convictions
Staff Report//August 19, 2019//
Where a defendant, who pleaded guilty to unlawful possession of a firearm, argued that the district court erred in calculating his offense level for sentencing purposes, the court made an alternative determination that rendered the issue moot, declaring that the defendant should receive a 63-month sentence under the relevant law even if the crime-of-violence issue was wrongly decided, and this ruling was sufficient to justify the sentence imposed, so the judgment is affirmed.
Judgment is affirmed.
U.S. v. Davis (MLW No. 73721/Case No. 18-2204 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Northern District of Iowa, Reade, J. (Mark David Fisher, Cedar Rapids, Iowa, argued for appellant) (Emily K. Nydle, Cedar Rapids, Iowa, argued for appellee).
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