102684P.pdf   04/12/2011  United States  v.  Joseph Robinson
   U.S. Court of Appeals Case No:  10-2684
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Gruender, Author, Smith and Benton, Circuit Judges]
   Criminal case - Criminal law and sentencing. Any error in admitting
   hearsay evidence concerning the seizure of funds was harmless as it was
   cumulative of evidence admitted without objection; no error in admitting
   evidence of prior possession of crack as the evidence was relevant under
   Rule 404(b), and the district court gave a proper limiting instruction;
   because the court's sentencing decision was not constrained by the 240-
   month statutory minimum, defendant lacked standing to challenge the
   applicability of the statutory minimum; Iowa's drug tax stamp law
   criminalized both conduct that does and does not qualify as a controlled
   substance offense, and a violation of the law does not categorically qualify
   as a controlled substance offense; as a result, the statute is overinclusive,
   and the court must apply the modified categorical approach to determine
   which portion of the statute was the basis for defendant's conviction; the
   evidence presented at sentencing was insufficient to permit the district
   court to treat defendant's drug tax stamp conviction as a controlled
   substance offense for the purposes of the career offender enhancement;
   the government had its "bite at this apple," and the matter is remanded to
   the district court with directions to sentence defendant on the existing
   record.