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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.