DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063418P.pdf 03/02/2009 USA v. Josiah Williams
U.S. Court of Appeals Case No: 06-3418
U. S. District Court for the Northern District of Iowa - Dubuque
[PUBLISHED] [Benton, Author, with Wollman and Smith, Circuit Judges]
Criminal case - Criminal law and Sentencing. District court did not err
in rejecting defendant's guilty plea to the crime of aiding and abetting, as
his plea did not admit all of the elements of the offense; the district court
did not err in rejecting defendant's motion for an acceptance-of-
responsibility reduction; evidence at sentencing was sufficient to show
the drug was crack rather than cocaine; state sentence was for a separate
offense, and there was no error in making defendant's federal sentence
consecutive to his state time; case remanded for further sentencing
proceedings pursuant to Kimbrough.
063418P.pdf 05/17/2007 USA v. Josiah Williams
U.S. Court of Appeals Case No: 06-3418
U. S. District Court for the Northern District of Iowa - Dubuque
[PUBLISHED] [Benton, Author, with Wollman and Smith, Circuit
Judges]
Criminal Case - conviction and sentence. District court did not plainly
err in refusing to accept guilty plea to aiding and abetting because
defendant did not admit to assisting in the transaction, handling the
money or handling the drugs. Enhancement for obstruction of justice was
not clear error, as district court found defendant perjured himself at
trial. Denial of acceptance of responsibility was correct as defendant
did not admit guilt. Evidence was sufficient to support substance was
crack cocaine. District court did not err in making federal sentence
consecutive to state sentence, as convictions were severable and distinct.