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231048P.pdf 01/16/2024 United States v. Jermaine Daye
U.S. Court of Appeals Case No: 23-1048
U.S. District Court for the Southern District of Iowa - Central
[PUBLISHED] [Gruender, Author, with Loken and Benton, Circuit Judges]
Criminal case - Sentencing. Applying the categorical approach to determine
whether defendant's convictions for Domestic Abuse Assault, Enhanced in
violation of Iowa Code Sec. 708.2A(3)(b) were crimes of violence for
sentencing purposes, the district court did not err in determining they
were not categorically crimes of violence; the government concedes that a
defendant can be found guilty of Domestic Abuse Assault, Enhanced by
committing three simple misdemeanor domestic abuse assaults, and a simple
misdemeanor domestic abuse assault is not a crime of violence.