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                        as a courtesy to the reader. They are not part of the opinion of the court.

222631P.pdf   06/29/2023  United States  v.  Deonte Ellison
   U.S. Court of Appeals Case No:  22-2631
   U.S. District Court for the Northern District of Iowa - Eastern   
   [PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit Judges] 
   Criminal case - Sentencing. The district court did not err in sentencing 
   defendant as an armed career criminal as he had three qualifying predicate 
   convictions; the district court is permitted to determine whether those 
   felonies were committed on different occasions, and the Sixth Amendment 
   does not forbid the court from making that determination; no error in 
   imposing an upward departure under Guidelines Sec. 5K2.1 because a death 
   resulted from defendant's conduct; defendant sentence, an upward variance, 
   was based on an individualized assessment of the facts presented and was 
   not substantively unreasonable.