112118P.pdf   12/09/2011  United States  v.  Gustine Augustine
   U.S. Court of Appeals Case No:  11-2118
   U.S. District Court for the Southern District of Iowa - Council Bluffs   
   [PUBLISHED] [Melloy, Author, with Smith and Benton, Circuit Judges]
   Criminal case - criminal law and sentencing. District court did not err in
   finding search warrant was supported by probable cause; no error in
   admitting taped messages defendant left with the local sheriff's office as
   the voice mails bore on the issue of defendant's ability to exercise control
   over the firearms involved in the matter; evidence was sufficient to
   support conviction for being a prohibited person in possession of firearms;
   no error in imposing an enhancement under Guidelines Sec. 2K2.1(b)
   based on the number of firearms; court would not review the district
   court's decision to deny a downward departure based on defendant's
   claim of a over-represented criminal history in the absence of a claim of
   unconstitutional motive; sentence was not substantively unreasonable.