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153043P.pdf 07/07/2016 United States v. Charles Ewert
U.S. Court of Appeals Case No: 15-3043
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Riley, Author, with Wollman and Murphy, Circuit Judges]
Criminal case - Sentencing. Constitutional challenge to the Sentencing
Guidelines was waived, and in any event, must be rejected in light of the
Supreme Court's decision in Mistretta; no error in imposing a four-level
enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for possessing the weapon
in connection with another felony offense (harassment in the first degree
under Iowa Code Section 708.7(1)(b)); the sentence imposed was
substantively reasonable.