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231816P.pdf   12/27/2023  United States  v.  Daryl Jones, III
   U.S. Court of Appeals Case No:  23-1816
   U.S. District Court for the Southern District of Iowa - Central   
[PUBLISHED] [Shepherd, Author, with Benton and Kelly, Circuit Judges] Criminal case - Sentencing. The district court did not err in applying a four-level enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for possessing the handgun in connection with defendant's escape felony as the court could find, on the sentencing hearing facts, that defendant had committed the federal crime of escape; nor did the court err in concluding that the handgun facilitated the escape as defendant was carrying the weapon on his person at the time of his arrest; nor did the court err in imposing two criminal history points for defendant's 2013 controlled substance conviction as he served more than the 60-day minimum time set out in Guidelines Sec. 4A1.1(b); the district court's decision to deny defendant's request for a downward departure based on overstated criminal history is unreviewable; defendant's within-guidelines sentence was not substantively unreasonable.