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172080P.pdf 05/18/2018 United States v. Christopher McGee
U.S. Court of Appeals Case No: 17-2080
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Loken, Author, with Wollman, Circuit Judge]
{Filed Pursuant to 8th Cir. R. 47E] Criminal case - Sentencing. The district
court did not err in imposing sentencing enhancements under Guidelines
Sec. 2K2.1(b)(1)(A) for three or more firearms; under Guidelines Sec.
3B1.4 for use of a child in the commission of the offense; and under
Guidelines Sec. 2K2.1(B)(6)(b) for committing the firearm offense in
connection with another felony; defendant waived any objection to the
continuance of his resentencing by not objecting to the ruling; even if
the issue was forfeited rather than waived, the continuance was not an
abuse of the court's discretion; no error in calculating defendant's base
offense level as his prior conviction for assault while displaying a
dangerous weapon in violation of Iowa Code Sections 708.1 and 708.2(3) was
a crime of violence resulting in a base offense level of 22 under
Guidelines Sec. 2K2.1(a)(3); even if the court erred in calculating
defendant's base offense level, the error was harmless in light of the
extensive sentencing record and the court's detailed sentencing statement
indicating it would have imposed the same sentence without the two-level
increase.