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                        as a courtesy to the reader. They are not part of the opinion of the court.

081304P.pdf   01/14/2009  United States  v.  Ashkelon Barrett
   U.S. Court of Appeals Case No:  08-1304
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Smith, Author, with Loken, Chief Judge, and Wollman,
   Circuit Judge]
   Criminal case - Sentencing. Sentence was not an abuse of the district
   court's discretion and was not unreasonable; district court may consider
   a defendant's criminal history even if that history is included in the
   defendant's criminal history category; no error in finding defendant's
   sentence should be enhanced under Guidelines Sec. 3B1.5 for use of body
   armor in the commission of the underlying drug offense; district court's
   actions provided defendant with his right of allocution.