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211987P.pdf 05/31/2022 United States v. DeShaun Bullock, Jr.
U.S. Court of Appeals Case No: 21-1987
U.S. District Court for the Northern District of Iowa - Eastern
[PUBLISHED] [Gruender, Author, with Colloton and Melloy, Circuit Judges]
Criminal case - Sentencing. The district court did not clearly err in
applying an enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for
possession of the firearm to facilitate another felony, here drug
possession; the district court did not err in departing upward under
Guidelines Sec. 4A1.3 based on conduct of which defendant was acquitted;
reliance on the acquitted conduct does not violate a defendant's Fifth or
Sixth Amendment rights; the government established by a preponderance of
the evidence that defendant had recklessly used a firearm, resulting in a
serious injury; defendant's sentence was substantively reasonable.