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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.