083819P.pdf   08/28/2009  United States  v.  Gerald Gammage
   U.S. Court of Appeals Case No:  08-3819
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Arnold, Author, with Murphy and Gruender, Circuit Judges]
   Criminal case - Sentencing. Court would not supplement the record
   with a document the government contended was presented at an in-
   chambers off-the-record conference where the district court, on remand
   from this court, certified that it had no record or recollection of such a
   conference and no recollection of seeing the document concerning
   defendant's third burglary conviction; without a record of this conviction,
   the district court erred in sentencing defendant as an armed career
   criminal, and the matter is remanded for resentencing on the basis of the
   record already before the court.
  
083819P.pdf   08/13/2009  United States  v.  Gerald Gammage
   U.S. Court of Appeals Case No:  08-3819
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Arnold, Author, with Murphy and Gruender, Circuit Judges]
   Criminal case - Sentencing. District court erred in determining that
   defendant was an armed career criminal, and the matter is remanded for
   resentencing on the basis of the record already before the court.