072146P.pdf   06/27/2008  United States  v.  Gregorio Leon-Alvarez
   U.S. Court of Appeals Case No:  07-2146
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Smith, Author, with Wollman and Bright, Circuit Judges]
   Criminal case - Sentencing. District court's refusal to count defendant's
   1993 conviction for contributing to the delinquency of a minor was
   reversible error; district court erred in finding that the advisory nature 
   of the Guidelines permitted it to treat the offense as akin to an excluded
   offense listed in Guidelines Sec. 4A1.2(c)(1) without actually being
   similar to one; to properly determine whether defendant is eligible for
   safety-valve relief, the court should have first followed the Guidelines
   instructions for determining his criminal history category. Judge Bright,
   concurring.
  
072146P.pdf   06/10/2008  United States  v.  Gregorio Leon-Alvarez
   U.S. Court of Appeals Case No:  07-2146
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Smith, Author, with Wollman and Bright, Circuit Judges]
   Criminal case - Sentencing. District court erred in not counting
   defendant's conviction for contributing to the delinquency of a minor for
   the purpose of determining his criminal history points; calculation of
   criminal history points is not advisory under Booker; case remanded for
   further sentencing proceedings. Judge Bright, concurring.