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072287P.pdf 03/25/2010 United States v. Dennis Brown
U.S. Court of Appeals Case No: 07-2287
U. S. District Court for the Northern District of Iowa - Dubuque
[PUBLISHED] [Colloton, Author, with Murphy and Shepherd, Circuit
Judges]
Criminal case - criminal law. A conviction for delivery of a "simulated
controlled substance" under Iowa does not qualify as a "felony drug
offense" under a recidivism provision of the Controlled Substances Act,
21 U.S.C. Sec. 802(44); as a result, defendant was not subject to a
mandatory life sentence under 21 U.S.C. Sec. 841(b)(1)(A); defendant's
sentence is vacated, and the matter is remanded to the district court for
resentencing. Judge Shepherd, dissenting.