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171982P.pdf 04/30/2018 United States v. Donavan Cross
U.S. Court of Appeals Case No: 17-1982
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Loken, Author, with Wollman and Murphy, Circuit Judges]
Criminal case - Criminal law and sentencing. The police officers
reasonably believed defendant's girlfriend had apparent authority to
consent to their entry in the house with her while she gathered her
belongings and that their entry with the girlfriend was directly related
to the entry defendant's grandmother authorized when she called the police
for assistance with a domestic dispute between defendant and his
girlfriend; the gun found while the girlfriend was gathering her effects
was admissible; the district court did not err in admitting a recording of
a jailhouse call between defendant and his girlfriend as its probative
value (defendant's attempt to get her to claim ownership) outweighed any
possible prejudice; evidence was sufficient to support defendant's
conviction for being a prohibited person in possession of a firearm; no
error in considering jailhouse calls and grand jury testimony at the
sentencing proceeding in determining defendant was a habitual domestic
abuser with a history of displaying weapons; no error in finding defendant
was such an abuser; 120-month sentence was not substantively unreasonable
given the aggravating factors in the case, including defendant's history
of violence and domestic abuse.