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193249P.pdf 09/22/2020 United States v. Martell Roberts
U.S. Court of Appeals Case No: 19-3249
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Loken, Author, with Grasz, Circuit Judge, and Clark, District
Judge]
Criminal case - Criminal law and sentencing. The affidavit supplied with
the search warrant application gave the issuing judge probable cause to
believe that defendant drove the pickup truck associated with a shooting
on the night of the shooting and that evidence of the crime would be found
in the truck or defendant's residence; based on the facts presented,
incriminating statements defendant made prior to receiving Miranda
warnings were admissible as he was not in custody at the time he made
them; the statements were voluntary and were not the products of improper
threats or promises which overcame defendant's will; defendant's prior
Illinois and Iowa convictions were controlled substance offenses for
purposes of sentencing under Guidelines Sec. 4B1.1(a).