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192247P.pdf   12/15/2020  United States  v.  Jose Carrillo
   U.S. Court of Appeals Case No:  19-2247
   U.S. District Court for the Southern District of Iowa - Council Bluffs   
[PUBLISHED] [Stras, Author, with Kelly and Wollman, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not err in rejecting defendant's argument that his prosecutions in South Dakota and Iowa violated double jeopardy because when defendant pleaded guilty in this Iowa case, he had not yet pleaded guilty in the South Dakota case and jeopardy had not attached in that case; under this unusual scenario defendant should have filed a motion to dismiss the South Dakota charge after he pleaded guilty in Iowa; as a result, the district court could not have erred when it refused to dismiss the Iowa conspiracy charge; defendant's sentence, a downward variance, was not substantively unreasonable.