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101635P.pdf   11/04/2010  United States  v.  Kevin Lee
   U.S. Court of Appeals Case No:  10-1635
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Arnold, Author, with Gruender and Shepherd, Circuit
   Judges]
   Criminal case - Sentencing. District court did not err in sentencing
   defendant as an armed career criminal as his convictions for escape,
   burglary and injury to a child qualified as violent felonies; the facts
   supporting enhancements can be proven by a preponderance of the
   evidence; district court did not abuse its discretion in refusing to award
   defendant any points for acceptance of responsibility on the ground he
   frivolously contested relevant conduct at sentencing and falsely denied
   it in his allocution; life sentence did not violate the Eighth Amendment's
   prohibition against cruel and unusual punishment.