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043118P.pdf   05/26/2005  USA  v.  Cecil D. Williams
   U.S. Court of Appeals Case No:  04-3118
   Southern District of Iowa   
   Criminal case - criminal law. When the government drops a complaint 
   but then later brings a new complaint or indictment on the same charge, 
   the 30-day period set forth in the Speedy Trial Act - 18 U.S.C. Sec. 
   3161(b) - runs from the date of the second complaint or indictment; fact 
   of a prior conviction does not have to be proven to a jury beyond a 
   reasonable doubt under either Booker or Shepard; however, a Section 
   2K2.1(b)(5) enhancement for using a weapon in connection with another 
   felony is subject to Booker, and the case is remanded for resentencing. 
   [PUBLISHED] [Smith, Author, with Loken, Chief Judge, and Riley, 
   Circuit Judge]