DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
093181P.pdf 07/30/2010 United States v. Gary Cates
U.S. Court of Appeals Case No: 09-3181
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Riley, Author, with John R. Gibson and Murphy,
Circuit Judges]
Criminal case - Sentencing. District court did not err by rejecting
defendant's explanations for positive marijuana tests; district court erred
in finding defendant's possession of marijuana was a grade A violation of
supervised release; however, because the court indicated it would
impose the same sentence whether the offense was Grade A or Grade B,
the procedural error was harmless; the sentence imposed upon revocation
of defendant's supervised release was not unreasonable.