DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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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.