172065P.pdf   05/21/2018  United States  v.  Francisco Hernandez-Espinoza
   U.S. Court of Appeals Case No:  17-2065
   U.S. District Court for the Northern District of Iowa - Ft. Dodge   
   [PUBLISHED] [Arnold, Author, with Colloton and Shepherd, Circuit Judges] 
   Criminal Case - sentence. After challenging inclusion of a deferred 
   prosecution to a third-degree criminal sexual conduct charge as a history 
   point and the probation officer?s agreement to exclude the assessment of 
   the criminal history point, it was not error for district court to 
   consider the conduct in determining whether to vary upward; and it was not 
   error to include the charge in "Adult Criminal Conviction" section rather 
   than the "other arrests" section of the presentence investigation report. 
   District court's imposition of fine was not error, as district court 
   explicitly found he had the ability to pay the fine; the district court 
   did not err in considering his pretrial services report to impeach the 
   defendants for purposes of fixing a sentence; and the district court did 
   not err in imposing the fine before allocution.