DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
202782P.pdf 05/20/2021 United States v. Randall Comly
U.S. Court of Appeals Case No: 20-2782
U.S. District Court for the Southern District of Iowa - Central
[PUBLISHED] [Benton, Author, with Gruender and Grasz, Circuit Judges]
Criminal case - Sentencing. Where defendant withdrew his objection to the
career offender designation at sentencing, his challenge to whether a
prior conviction was a serious drug offense under 18 U.S.C. Sec. 924(e)
was waived; defendant's conviction for conspiracy to manufacture
methamphetamine in violation of Iowa Code Sec. 124.401(1)(c)(6) was a
serious drug offense for purposes of the Armed Career Criminal Act, and
defendant was properly sentenced as an Armed Career Criminal; on this
record, the district court did not err in imposing a cross-reference to
Guidelines Sec. 2A2.1 based on the court's finding defendant attempted
first-degree murder; within-guidelines range sentence was not
substantively unreasonable.