192937P.pdf   04/21/2021  United States  v.  Gage Rupp
   U.S. Court of Appeals Case No:  19-2937
                          and No:  19-3190
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Wollman, Circuit 
   Judge] 
   Criminal case - Criminal law. The district court did not commit 
   prejudicial error when it denied defendant's motion to dismiss a Section 
   924(c) firearm charge the government had dropped in the second superseding 
   indictment, a motion that was pending when defendant pleaded guilty to 
   that charge in the fourth superseding indictment; proceeding by a 
   superseding indictment that eliminates charges, rather than by requesting 
   leave of court for Fed. R. Crim. P. 48(a) dismissal of those charges, in 
   not, without more, prosecutorial misconduct; defendant's allegation that 
   the government circumvented Rule 48(a) to induce his plea to Hobbs Act 
   robbery is not supported by the record; defendant failed to demonstrate 
   prejudice as he knew when he pleaded guilty to the Hobbs Act robbery that 
   the government might reinstate the firearms charges omitted from the 
   second superseding indictment and when the third superseding indictment 
   including the firearms charge was filed, he did not move to withdraw his 
   plea.