161775P.pdf   04/04/2017  United States  v.  Michael Cottrell
   U.S. Court of Appeals Case No:  16-1775
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Melloy, Author, with Colloton and Murphy, Circuit Judges] 
   Criminal case - Sentencing. The district court erred in relying on 
   unproven, objected-to-facts at sentencing where the government did not 
   prove a prior conviction by a preponderance of the evidence; however, the 
   prior conviction was only of the grounds stated for denying defendant's 
   requested downward variance, and defendant cannot show that but for the 
   error he would have received a more favorable sentence; sentence was not 
   substantively unreasonable as it was within the guidelines range and was 
   amply supported by the record.