183589P.pdf   12/27/2019  United States  v.  Tereall Green
   U.S. Court of Appeals Case No:  18-3589
                          and No:  183591
   U.S. District Court for the Northern District of Iowa - Waterloo   
   [PUBLISHED] [Gruender, Author, with Arnold and Grasz, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The arresting officer had 
   probable cause to stop the vehicle in which defendant was riding based on 
   the officer's credible testimony that he believed the vehicle was speeding 
   and that he had observed two possible Iowa Code violations concerning the 
   vehicle's license plate; the two patdowns of defendant Green were 
   reasonable; the first patdown was justified by a reasonable, articulable 
   suspicion that Green may be armed, dangerous and presently involved in 
   drug transportation; the second frisk took place after officers had 
   discovered a gun in the car, which heightened the risk that the 
   passengers, including defendant, were armed; no error in imposing a 
   four-level enhancement under Guidelines Sec. 2K1.1(b)(6)(B) - see U.S. v. 
   Walker, 771 F.3d 449 (8th Cir. 2014); the district court did not abuse its 
   discretion in denying a motion for a downward variance based on a policy 
   disagreement with application of the four-level enhancement; the district 
   court did not abuse its discretion in imposing a three-level upward 
   departure based on its belief Herbert's Category VI criminal history score 
   underrepresented the seriousness of his record and risk of recidivism; the 
   court adequately explained the basis for its sentencing decision.