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073578P.pdf   07/28/2008  United States  v.  Edward Dembry
   U.S. Court of Appeals Case No:  07-3578
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Murphy, Author, with Bye and Shepherd, Circuit Judges]
   Criminal case - Criminal law and sentencing. District court's findings
   crediting officer's testimony that he saw defendant with a gun were
   entitled to deference and would not be overturned; officer's testimony
   provided probable cause for defendant's arrest and seizure of weapons
   and drugs; while inclusion of defendant's felony drunk driving offenses
   was error under Begay, defendant still qualified for sentencing as an
   armed career criminal because of his three robbery convictions; sentence
   in the middle of the advisory Guidelines range was reasonable under the
   circumstances and would be affirmed.