DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192209P.pdf 02/11/2021 United States v. Shelton Oliver
U.S. Court of Appeals Case No: 19-2209
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] Kelly, Author, with Wollman and Stras, Circuit Judges]
Criminal case - Criminal law and sentencing. Claims that the cumulative
effect of several alleged trial errors - the admission of certain map
exhibits, the submission of an unadmitted exhibit to the jury, the
prosecutor's leading questions to a government witness and the admission
of firearm evidence - deprived defendant of his Sixth Amendment right to a
fair trial on these drug trafficking charges rejected; the government's
Section 851 notice gave defendant adequate notice of the government's
intent to reply on particular prior convictions and a meaningful
opportunity to he heard, and the notice's failure to cite the proper
statutory provision did not require a remand for resentencing under this
court's precedents; however, the government failed to prove beyond a
reasonable doubt that defendant's 2006 Illinois drug conviction qualified
as a serious drug felony for purposes of applying the 25-year mandatory
minimum sentence set forth in 21 U.S.C. Sec. 841(b)(1)(A); remanded for
resentencing based on the existing record.