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.
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.