212130P.pdf   08/18/2022  United States  v.  Christopher Perez
   U.S. Court of Appeals Case No:  21-2130
   U.S. District Court for the Southern District of Iowa - Eastern   
   [PUBLISHED] [Kelly, Author, with Smith, Chief Judge, and Benton, Circuit 
   Judge] 
   Criminal case - Criminal law and Sentencing. Even if the drug dog sniff of 
   his apartment was an illegal search, the district court properly denied 
   defendant's motion to dismiss under the Leon good faith exception as it 
   was reasonable for the officers, at the time of the search, to rely on 
   this court's then-existing precedent that dog sniffs at an interior 
   apartment door were permissible; in determining whether defendant's three 
   Iowa convictions for delivery of a controlled substance in violation of 
   Iowa Code Sec. 124.401(1)(c)(2) were serious drug offenses for purposes of 
   sentencing under the Armed Career Criminal Act, the federal law in effect 
   at the time of the federal offense is the relevant definition for ACCA 
   purposes; comparing the state statute in effect at the time of defendant's 
   conviction to the federal statute at the time of defendant's current 
   federal offense, the Iowa drug statute included the drug Iofulpane, which 
   was not on the federal schedule, and the Iowa statute is overbroad on its 
   face; the district court plainly erred in applying the 15-year mandatory 
   minimum sentence, and the matter is remanded for resentencing without the 
   mandatory minimum; defendant's prior cocaine convictions are controlled 
   substance offenses for purposes of calculating his advisory Guidelines 
   range; the district court did not err in applying one criminal history 
   point to defendant's conviction for fleeing a peace officer under Illinois 
   law. Judge Kelly, concurring.