093795P.pdf   11/16/2010  United States  v.  Josiah Williams
   U.S. Court of Appeals Case No:  09-3795
   U.S. District Court for the Northern District of Iowa - Dubuque   
   [PUBLISHED] [Benton, Author, with Loken and Hansen, Circuit
   Judges]
   Criminal case - Sentencing. For the court's prior opinions in the matter,
   see U.S. v. Williams, 486 F.3d 377 (8th Cir. 2007) and on remand from
   the Supreme Court, U.S. v. Williams, 557F.3d 556 (8th Cir. 2009). Chief
   Judge Reade did not abuse her discretion by denying defendant's motion
   to transfer the case to another district court judge for sentencing; nor did
   she abuse her discretion by denying defendant's request for access to
   another defendant's presentence report; the district court adequately
   considered arguments regarding sentencing disparity; the district court's
   decision not to vary based on the crack-powder cocaine disparity was not
   an abuse of discretion; under this circuit's precedents, post-sentence
   rehabilitation cannot be considered at resentencing; even if it is error not
   to consider such rehabilitation, the court found the conduct would not
   changer her sentencing decision, and any error in failing to consider the
   information would be harmless; the sentence was substantively
   reasonable.