072625P.pdf   07/14/2008  United States  v.  Mark Gaddy
   U.S. Court of Appeals Case No:  07-2625
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Gruender, Author, with Riley and Shepherd, Circuit Judges]
   Criminal case - Criminal law and sentencing. Record supported the
   district court's findings that defendant's Mirandized confession was
   admissible as his will was not overborne and his waiver of his Miranda
   rights was voluntary; no error in admitting evidence of defendant's prior
   drug convictions as they were not overly remote in time and went to his
   intent and knowledge; court need not determine whether the district
   court's drug quantity findings were supported by the preponderance of the
   evidence as the finding was superseded by defendant's status as career
   offender; Amendment 706 to the Guidelines does not apply because of
   defendant's career offender status; even if the district court erroneously
   presumed that the guidelines range was reasonable and that such error
   was plain, the error did not affect defendant's substantial rights and did
   not require resentencing.