DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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143650P.pdf 01/14/2016 United States v. David Tumea
U.S. Court of Appeals Case No: 14-3650
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Colloton, Author, with Bright and Wollman, Circuit Judges]
Criminal case - Sentencing. District court acknowledged defendant's mental
health issues and the seriousness and nature of the offense and, weighing
these and other 3552(a) factors, did not abuse its discretion by imposing
a sentence at the top of defendant's advisory guidelines range; special
supervision provision forbidding defendant from possessing any object
designed to conceal its nature as a weapon did not go any further than an
unchallenged provision prohibiting defendant from possessing any dangerous
weapon and was not fatally overbroad; special provision which prohibits
possession of everyday items that could be converted into dangerous
weapons is modified to permit defendant to possess them with prior
approval of the probation office. Judge Bright, concurring.