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072599P.pdf   04/10/2008  United States  v.  Tramain Whiting
   U.S. Court of Appeals Case No:  07-2599
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Murphy, Author, with Arnold and Benton, Circuit Judges]
Criminal Case - sentence. Two-level enhancement for obstruction of justice was not clear error as district court found by preponderance of the evidence that defendant had willfully committed or suborned perjury. Counting drugs and guns seized from defendant's brother's house as relevant conduct was not clear error, as defendant knew about drug conduct, had access to guns and drugs there, handled and moved some of the guns, and retrieved the drugs for customers. District court did not err in denying a 4-level downward adjustment for minor role. Case is remanded for resentencing to consider whether retroactive amendments to crack Guidelines warrant sentence reduction.