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151914P.pdf 04/11/2016 Steven Kelly v. United States
U.S. Court of Appeals Case No: 15-1914
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Wollman, Author, with Loken and Bye, Circuit Judges]
Prisoner case - Habeas. Given the absence of a clearly controlling
precedent governing the physical force element of Guidelines Sec.
4B1.2(a)(1) at the time of defendant's sentencing, the district court did
not err in determining that counsel's failure to object to use of Kelly's
domestic assault conviction under Iowa Code Sec. 708.2A(3)(B) as a
predicate offense for career offender sentencing was not ineffective
assistance of counsel.