063872P.pdf   08/24/2007  USA  v.  Steven Bradford
   U.S. Court of Appeals Case No:  06-3872
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Melloy, Author, with Smith and Gruender, Circuit
   Judges]
   Criminal case - Criminal law and sentencing. District court did not err
   in finding defendant distributed the heroin which led to a woman's death;
   no error in granting an upward departure pursuant to Guideline Sec.
   5K2.21; courts can find sentence-enhancing facts based on a
   preponderance of the evidence; while there may be exceptional cases
   where the court's findings increase a defendant's sentence to a such a
   degree that the facts should be found based on clear and convincing
   evidence, this is not such a case; government's request for an upward
   departure under Sections 5K2.1 and 5K2.21 did not violate the plea
   agreement; district court did not err in denying defendant's request for an
   acceptance-of-responsibility adjustment after defendant put forth what the
   court concluded was a false alibi.