131145P.pdf   08/14/2014  United States  v.  Mersed Dautovic
   U.S. Court of Appeals Case No:  13-1145
                          and No:  13-1493
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Loken, Circuit 
   Judge] 
   Criminal case - Sentencing. On the government's appeal of defendant's 
   sentence, the district court imposed a substantively unreasonable sentence 
   when it sentenced defendant, a former police officer, to 20 months in 
   prison after he was found guilty of willfully depriving a citizen of the 
   right to be free from unreasonable force and of knowingly falsifying a 
   police report with the intent to obstruct justice; defendant's conduct was 
   egregious and a 115-month variance was not justified on this record; 
   remanded for resentencing. On defendant's cross-appeal, the district court 
   did not err in imposing a two-level enhancement for the use of physical 
   restraint and did not err in denying a downward departure based on 
   defendant's claim of victim provocation.