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as a courtesy to the reader. They are not part of the opinion of the court.
112618P.pdf 01/08/2013 United States v. Juan Lugo U.S. Court of Appeals Case No: 11-2618 U.S. District Court for the Southern District of Iowa - Davenport [PUBLISHED][Melloy, Author, with Smith and Shepherd, Circuit Judges]
Criminal case - Sentencing. Despite the government's failure to test the purity of the seized substance, the district court did not err in determining, for sentencing purposes, that the drug involved was "ice," and not a mixture containing methamphetamine. 121362P.pdf 01/08/2013 United States v. William Cannon U.S. Court of Appeals Case No: 12-1362 U.S. District Court for the Western District of Arkansas - Fayetteville [PUBLISHED][Gruender, Author, with Smith and Beam, Circuit Judges]
Criminal case - Criminal law and sentencing. Assuming the warrant in the case was based on evidence collected in violation of defendant's Fourth Amendment rights, the evidence seized pursuant to the warrant was admissible under the Leon good-faith exception; no error in imposing a four-level enhancement under Guidelines Sec. 2G2.1(b)(4) for sadistic conduct. 121524P.pdf 01/08/2013 United States v. Michael Krzyzaniak U.S. Court of Appeals Case No: 12-1524 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Loken, Author, with Smith and Benton, Circuit Judges]
Criminal case - Sentencing. District court did not err in calculating the amount of loss in defendant's fraud schemes; the court adequately explained its denial of defendant's request for a downward variance based on his age and health and his claim that the loss calculation overstated his criminal culpability; it was clear from the sentencing record that defendant reviewed the PSR and discussed it with counsel and his claim that the court erred by not asking him personally if he had read and discussed it with counsel is rejected. 121774P.pdf 01/08/2013 United States v. Dinesh Sethi U.S. Court of Appeals Case No: 12-1774 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED][Beam, Author, with Melloy and Benton, Circuit Judges]
Criminal case - Sentencing. No error in imposing enhancements under Guidelines Sec. 2B1.1(b)(1)(C) for use of sophisticated means and Guidelines Sec. 3B1.1(a) for leadership role in the offense; district court did not err in calculating the amount of loss; the court was fully aware of its ability to grant a downward variance and did not abuse its discretion by denying defendant's motion for downward variance. 122470U.pdf 01/08/2013 United States v. Darling Mejia-Molina U.S. Court of Appeals Case No: 12-2470 U.S. District Court for the Western District of Arkansas - Fayetteville [UNPUBLISHED] [Per Curiam - Before Wollman, Melloy and Shepherd, Circuit Judges]
Criminal case - Sentencing. Anders case. The district court did not commit any procedural error and did not impose an unreasonable sentence.