133134P.pdf   12/22/2014  United States  v.  Delvonn Battle
   U.S. Court of Appeals Case No:  13-3134
   U.S. District Court for the Northern District of Iowa, Waterloo   
   [PUBLISHED] [Shepherd, Author, with Benton, Melloy and Shepherd, Circuit 
   Judges] 
   Criminal case - Criminal law and sentencing. Evidence that defendant used 
   the seized weapon in a prior shooting was highly probative of his 
   ownership or control of the weapon and was properly admitted to prove 
   constructive possession at the time of his arrest in this case, especially 
   where the court gave a limiting instruction which lessened any unfair 
   prejudice; the district court did not err in determining that evidence 
   regarding another passenger's criminal record had minimal probative value 
   and would risk distraction and should not be admitted; the concept of 
   judicial immunity is not recognized in the Eighth Circuit and the court 
   did not err in refusing to grant it to a third passenger in the vehicle; 
   evidence was sufficient to support defendant's conviction for possession 
   of the weapon; no error in imposing a four-level enhancement under 
   Guidelines Sec. 2K2.1(b)(6)(B)for possession of the weapon in connection 
   with the earlier shooting; the court did not err in denying defendant's 
   request for a downward variance in order to avoid sentencing disparities 
   as this principle applies to disparities among federal defendants and the 
   persons to whom defendant sought to compare himself (the other passengers 
   in the car who were prosecuted in state court) were not federal 
   defendants.