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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.