182204P.pdf   08/06/2019  United States  v.  Durius Davis
   U.S. Court of Appeals Case No:  18-2204
   U.S. District Court for the Northern District of Iowa - Waterloo   
   [PUBLISHED] [Colloton, Author, with Gruender and Erickson, Circuit Judges] 
   Criminal case - Sentencing. Claim that the district court erred in 
   determining defendant's prior Iowa robbery conviction was a crime of 
   violence for purposes of Guidelines Sec. 4B1.2(a) was moot in light of the 
   court's alternative ruling that it would have imposed the same sentence 
   under the 3553(a) factors; the district court considered defendant's 
   arguments for an alternative guidelines range and imposed the sentence as 
   an upward variance from that alternative range; the sentence was not 
   substantively unreasonable in light of the serious aggravating factors in 
   the case, including defendant's criminal history and the violent conduct 
   of the crime; the court considered defendant's mitigating factors and did 
   nor err in weighing them.