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.
212096P.pdf 08/15/2022 United States v. Darvill Bragg
U.S. Court of Appeals Case No: 21-2096
U.S. District Court for the Southern District of Iowa - Eastern
[PUBLISHED] [Loken, Author, with Colloton and Shepherd, Circuit Judges]
Criminal case - Criminal law and Sentencing. Given the totality of the
circumstances, a twenty-four-day delay in applying for a warrant to search
defendant's iPhone did not violate defendant's Fourth Amendment rights;
the contents of the phone were unlikely to be lost or damaged because of
the delay, and defendant was in custody for the entire period and never
sought its return; further the phone was seized with probable cause and
the delay was the result of the police officer's investigation of other
complex cases, including two in which defendant was the primary suspect;
the district court did not abuse its discretion in admitting evidence of
defendant's 2010 armed robbery conviction and his 2014 willful injury
conviction as the evidence was relevant to prove knowledge and intent; the
district court did not err in sentencing defendant as an Armed Career
Criminal because:(1) his Iowa conviction for willful injury in violation
of Iowa Code 708.4(1) was a violent felony for ACCA purposes and (2)
defendant's two Illinois convictions for armed robbery were also violent
felonies for ACCA purposes; the government met its burden of showing the
armed robberies occurred on different occasions and were two separate ACCA
predicate offenses.