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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).