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173040P.pdf   12/17/2018  United States  v.  Kevin Williams
   U.S. Court of Appeals Case No:  17-3040
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Shepherd, Author, with Loken and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's convictions for conspiracy to distribute marijuana, interference with commerce by robbery, using and carrying a firearm in relation to a drug trafficking offense and being a felon in possession of a firearm; because the court affirms defendant's conviction for conspiracy to possess with intent to distribute, which is undisputedly a drug trafficking offense, the predicate offense required to support a conviction for using and carrying a firearm in relation to a drug trafficking offense is satisfied without regard to whether a Hobbs Act robbery qualified as a crime of violence; while defendant's 150-month sentence for the conspiracy exceeds the 60-month statutory maximum applicable to the amount of marijuana involved, his sentence does not need to be vacated and the matter does not need to be remanded for resentencing under the sentencing package doctrine because the same 150-month sentence was lawfully imposed on two other counts, and there is no indication the district court would have imposed a different sentence for either of the counts for which defendant received a 150-month sentence or that the district court's evaluation of the 3553(a) factors would have been any different if the court had used the correct statutory maximum for the conspiracy count.