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163612P.pdf 07/25/2017 United States v. Cowan Godfrey
U.S. Court of Appeals Case No: 16-3612
U.S. District Court for the Northern District of Iowa - Dubuque
[PUBLISHED] [Gruender, Author, with Wollman and Shepherd, Circuit Judges]
Criminal case - Sentencing. The court's comments at sentencing did not
show that it had improperly shifted the burden of proving self-defense to
the defendant; the district court did not clearly err in denying defendant
an acceptance-of-responsibility reduction based on his false denial of his
relevant conduct; the record showed the district court amply considered
the sentencing guidelines in determining sentence; the district court
provided an adequate explanation of its sentencing decision; the district
court's decision to impose an upward variance was not an abuse of its
discretion, and defendant's 120-month sentence was not substantively
unreasonable; where the district court found defendant had a history of
abusing alcohol, the imposition of a special condition prohibiting
defendant from using alcohol or entering bars was not an abuse of the
court's discretion.