112404P.pdf   09/09/2013  United States  v.  Michael Abrahamson
   U.S. Court of Appeals Case No:  11-2404
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Per Curiam - Before Gruender, Benton and Shepherd, Circuit 
   Judges] 
   Criminal case - Sentencing. For the court's prior opinion, see United 
   States v. Abrahamson, 685 F.3d 777 (8th Cir. 2012). On remand from the 
   Supreme Court of the United States for further consideration in light of 
   Alleyene v. United States, 133 S. Ct. 2151 (2013). Because the challenged 
   enhancement to defendant's sentence was based solely on his prior drug 
   felony conviction, it continues to fall under the recidivism exception to 
   the jury presentation requirement that the Supreme Court recognized in 
   Almendarez-Torres and left unchanged in Alleyne; as a result, the court 
   affirms defendant's sentence and affirms his conviction for the reasons 
   stated in the prior opinion. 
  
112404P.pdf   07/23/2012  United States  v.  Michael Abrahamson
   U.S. Court of Appeals Case No:  11-2404
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Gruender, Author, with Benton and Shepherd, Circuit Judges]
   Criminal case - Criminal law and sentencing. Speedy Trial Act claim
   rejected; defendant was not entitled to proposed "ultimate user"
   instruction since he was charged with conspiring to manufacture
   methamphetamine, rather than possession of the drug, and even if could
   show he was the ultimate user within the meaning of 21 U.S.C. Sec.
   833(c)(3), that would not constitute a defense to the charge; Sixth
   Amendment challenge to statutory mandatory minimum rejected.