182237P.pdf   01/10/2020  United States  v.  Craig Watters
   U.S. Court of Appeals Case No:  18-2237
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Melloy, Author, with Shepherd and Grasz, Circuit Judges] 
   Criminal Case - Sentence. While serving lifetime term of supervised 
   release for receiving child pornography, the district court found Watters 
   had received, possesses and distributed child pornography; he was 
   sentenced to mandatory 60-month revocation sentence under section 3583(k). 
   He was also charged with new offenses; he pleaded guilty and was sentenced 
   to 262 months imprisonment to run consecutive to this revocation sentence. 
   On appeal, Watters argues his sentence violated Double Jeopardy and his 
   sentence is unreasonable. Under plain error review, even after the Supreme 
   Court concluded section 3582(k) was unconstitutional in violation of the 
   Sixth Amendment in United States v. Haymond, 139 S. Ct. 2369 (2019) and 
   even if Haymond abrogated double jeopardy precedent, the error was not 
   plain here. The sentence was also not substantively unreasonable.