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.
101222P.pdf 10/08/2010 United States v. Donnale Clay
U.S. Court of Appeals Case No: 10-1222
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Melloy, Author, with Chief Judge Riley and Murphy,
Circuit Judges]
Criminal Case - sentence. District court did not err in calculating Clay's
base offense level because attempting to elude under Iowa Code section
321.279(2) is a crime of violence for same reasons section 321.279(3) is
a crime of violence. District court did not abuse its discretion in
sentencing Clay to 100 months, as court sentenced Clay within advisory
guidelines sentencing range because of his dangerousness and was not
required to grant a variance based on the disparity between crack and
powder cocaine.