193683P.pdf   08/12/2021  United States  v.  Chad Mink
   U.S. Court of Appeals Case No:  19-3683
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Shepherd, Author, with Erickson and Kobes, Circuit Judges] 
   Criminal Case - Conviction and sentence. Mink appeals jury conviction on 
   15 counts. Mink's challenge to venue on conviction for fraudulent use of 
   as means of identification fails as a matter of law, as venue was proper 
   where he used the means of identification and where he illegally possessed 
   the firearm; Mink waived claim that counts were multiplicitous; district 
   court did not err in permitting joinder of offenses or in plainly failing 
   to sever counts, as separate counts alleged a step in plan and established 
   a motive, preparation, plan and identity for other charges, and was not 
   unfairly prejudicial; district court did not abuse its discretion in 
   admitting evidence he was incarcerated at time of conduct alleged in 
   counts 14 and 15, as evidence was probative and limiting instruction 
   diminished danger of unfair prejudice; district court did not plainly err 
   in admitting evidence of uncharged conduct, as it was intrinsic to charges 
   and not subject to Rule 404(b)'s bar; district court did not abuse its 
   discretion in failing to dismiss or question the entire venire when a 
   venireperson made comment about counsel which had no bearing on Mink's 
   guilt; evidence was sufficient for a reasonable jury to conclude Mink used 
   a "means of identification of another person" by using the information to 
   apply for a debit card; evidence was sufficient on witness tampering and 
   obstruction of justice charges, as a reasonable jury could find that Mink 
   contemplated a particular, foreseeable proceeding; the district court did 
   not plainly err in the jury instructions regarding omitting a mens rea 
   term in counts 5 and 13; the omission of the element that he knew his 
   status as a felon was plain, but Mink failed to show there was a 
   reasonable probability he would have been acquitted; there was no error in 
   jury instruction relating to Mink's knowledge that the destructive device 
   was a firearm or that he had to a duty to register the device; and no 
   plain error in instruction whether truck was a dangerous weapon in light 
   of jury finding it was a dangerous weapon in other counts; Mink waived his 
   challenge to instruction that dangerous weapon finding could not be used 
   for underlying offense and enhancement. Government concedes that a 
   violation of 18 U.S.C. sec. 844(i) does not qualify as a crime of violence 
   under section 924(c) and count 8 must be vacated. Accordingly, Mink's 
   sentence is vacated on all counts under the "sentencing package doctrine" 
   and the case remanded for resentencing in light the vacation of Count 8. 
   In all other respects, the convictions of the remainder of the counts are 
   affirmed.