093309P.pdf   11/01/2010  United States  v.  James Moore
   U.S. Court of Appeals Case No:  09-3309
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Loken, Author, with Bright and Gruender,
   Circuit Judges]
   Criminal case - Sentencing. For the court's prior opinion in the matter,
   see United States v. Moore, 470 F.3d 767 (8th Cir. 2006), vacated and
   remanded for reconsideration in light of Kimbrough v. United States, 552
   U.S. 85 (2007). Moore v. United States, 552 U.S. 1090 (2008). The
   sentence the district court imposed on remand was not unreasonable;
   credibility determinations were within the province of the district court,
   and its drug quantity calculations were not clearly erroneous; no error in
   imposing a two-level increase for obstruction of justice based on the
   district court's finding that Moore perjured himself at trial and at
   sentencing; remaining issues in the appeal were briefed under Anders,
   and the arguments are rejected. Judge Bright, Concurring.