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182436P.pdf 02/19/2020 United States v. Markell Hamilton
U.S. Court of Appeals Case No: 18-2436
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Shepherd, Author, with Loken and Stras, Circuit Judges]
Criminal case - Sentencing. For the court's prior opinion in the case, see
U.S. v. Hamilton, 709 F. App'x 425 (8th Cir. 2018); defendant's claim that
in determining his criminal history score the district court relied on
documents that did not satisfy Shepard v. U.S., 544 U.S. 12 (2005), to
determine that he had a valid conviction for aggravated unlawful use of
weapon rejected; on remand the district court erred in determining the
scope of the remand and erred in concluding that it was prohibited from
considering other issues on remand in addition to the inclusion of an
Illinois conviction in defendant's criminal history; remanded for further
proceedings. Judge Loken, dissenting in part.