DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073093P.pdf 02/09/2009 United States v. Francisco Quiroga
U.S. Court of Appeals Case No: 07-3093
U.S. District Court for the Northern District of Iowa - Ft. Dodge
[PUBLISHED] [Colloton, Author, with Murphy and Shepherd, Circuit Judges]
Criminal case - criminal law and sentencing. Officers had probable
cause to arrest defendant, and cash found on his person was admissible;
defendant's misunderstanding about the application of the career offender
guideline did not render the plea agreement and its waiver of rights under
Rule 410 unknowing or involuntary and, as a result, the district court did
not err in denying defendant's motion in limine to exclude statements he
made in the plea agreement; defendant's conviction for sexual abuse
under Iowa Code Sec. 709.11 was a conviction for a crime of violence for
purposes of classifying him as a career offender under Guidelines Sec.
4B1.1; use of Iowa drug conviction to both increase the statutory
penalties for the offense and to classify defendant as a career offender is
not impermissible double counting.