192914P.pdf   05/10/2021  United States  v.  Justin Sholley-Gonzalez
   U.S. Court of Appeals Case No:  19-2914
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Smith, Author, with Wollman and Loken, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The indictment was sufficient 
   to allege an offense under 18 U.S.C. Sec. 922(g)(8) even though the state 
   court protection order did not identify defendant's then-girlfriend as an 
   intimate partner; the section does not require that the state court order 
   form identify the protected party as an intimate partner and requires only 
   that the order protect an intimate partner in fact; the prosection did not 
   deny defendant due process as defendant had sufficient warning that the 
   protective order limited his ability to possess firearms; Rehaif argument 
   rejected as defendant stipulated to all of the facts that fit him into the 
   Sec. 922(g)(8) category; because Guidelines Sec. 2KI2.1(b)(2) does not 
   contemplate attempted firearm purchases, the district court erred by 
   including defendant's attempted purchase of a shotgun in its analysis; 
   there is a reasonable probability that the sporting-use reduction would 
   have applied to defendant's offense-level calculation and he has 
   established plain error; remanded for resentencing. Judge Loken, 
   dissenting in part on the Rehaif issue.