043461P.pdf   09/06/2005  USA  v.  Mendoor Smith
   U.S. Court of Appeals Case No:  04-3461
                          and No:  04-3747
   Northern District of Iowa   
   [PUBLISHED] [Gruender, Author, with Melloy and Heaney, Circuit 
   Judges] 
   Criminal case - Sentencing Guidelines. Iowa offense of reckless use of 
   a firearm was a crime of violence for purposes of Guidelines Sec. 4B1.2; 
   question of whether a crime qualifies as a crime of violence is a question 
   for the court rather than a jury; Booker error was harmless in light of the 
   court's alternative discretionary sentence; district court did not err in 
   denying defendant Jordan's motion to withdraw his guilty plea; district 
   court did not err in withholding the third level of reduction for acceptance 
   of responsibility; Booker does not apply to proof of prior conviction; 
   sentence was reasonable under the factors set forth in 18 U.S.C. Sec. 3553(a).
   Judge Heaney, concurring.