161142P.pdf   11/22/2016  United States  v.  Kyle Turner
   U.S. Court of Appeals Case No:  16-1142
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Murphy, Author, with Benton and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court could not 
   rule on Turner's claim that 18 U.S.C. Sec. 922(g)(3) was unconstitutional 
   as applied without resolving the factual issues related to his alleged 
   offense, such as the extent of his drug use, and the court should have 
   deferred ruling on the motion to dismiss until after trial; by prematurely 
   ruling on the motion, the district court prejudiced Turner's ability to 
   obtain appellate review of the challenged, for he conditionally pled 
   guilty under the mistaken assumption that he could have an appellate 
   review of the adverse determination of his motion; however, he could not 
   both plead guilty and obtain appellate review of his constitutional 
   challenge; had the court informed Turner that it would have to defer a 
   final ruling on his motion, Turner could have moved to vacate his guilty 
   plea and proceeded to trial; remanded to permit Turner to consider this 
   choice.