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161095P.pdf   01/17/2017  United States  v.  Joseph McGrew
   U.S. Court of Appeals Case No:  16-1095
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Murphy, Circuit Judge] Criminal case - Sentencing Guidelines. As the district court founded its sentence upon its determination that the statutory maximum was the appropriate sentence and that no sentence within any argued Guidelines range would suffice, any error it may have made in calculating defendant's Guidelines range was harmless; when a sentencing court adequately justifies setting a defendant's sentence based on the maximum statutory penalty, quibbles about the application of Guidelines enhancements or departures become moot.