093027P.pdf   08/20/2010  United States  v.  Earl Foy, Jr.
   U.S. Court of Appeals Case No:  09-3027
   U.S. District Court for the Northern District of Iowa - Ft. Dodge   
   [PUBLISHED] [Melloy, Author, with Loken and Bright, Circuit Judges]
   Criminal case - Criminal law and sentencing. Record shows defendant
   was aware of the possible range of sentences he could receive, including
   the possibility of consecutive sentences, and any Rule 11 violation was
   unlikely to have impacted his decision to plead guilty; a defendant does
   not have the right to know his actual sentence before pleading guilty;
   district court gave defendant adequate notice of its intent to apply an
   upward variance; district court recognized that the variance from the top
   of the Guidelines range was substantial and it outlined all of the 3553(a)
   factors that drove its decision; sentence was procedurally sound and
   substantively reasonable, and the sentence is affirmed. Judge Bright,
   dissenting.