Submitted: January 10, 2018
Appeals from United States District Court for the Southern
District of Iowa - Des Moines
SMITH, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.
MELLOY, CIRCUIT JUDGE
Terrell Lomax and Allen Gaines each pleaded guilty to the
federal crime of Conspiracy to Distribute Heroin. In
sentencing Lomax, the district court applied a sentencing
enhancement based on its conclusion that Lomax qualified as a
career offender. Lomax objects to the application of the
enhancement. In sentencing Gaines, the district court varied
downward from the applicable Guidelines range. Gaines
contends that his sentence was substantively unreasonable. We
reject their arguments and affirm the judgments of the
federal grand jury returned a multi-count, multi-defendant
indictment charging Lomax and Gaines for, among other crimes,
Conspiracy to Distribute Heroin, in violation of 21 U.S.C.
§§ 841(a)(1), 841(b)(1)(C), and 846. Lomax and
Gaines each pleaded guilty to the conspiracy charge.
Lomax's sentencing, he objected to the court applying the
career-offender enhancement. See U.S.S.G. §
4B1.1(b). The court overruled Lomax's objection and
applied the enhancement. As a result, the court calculated
Lomax's Guidelines range as 151-188 months of
imprisonment and 36 months of supervised release. The court
imposed a sentence of 151 months' imprisonment and 36
months' supervised release.
Gaines's sentencing, the court calculated his Guidelines
range as 151-188 months' imprisonment and 36 months'
supervised release. The court agreed with Gaines that an
applicable Guidelines enhancement overstated the seriousness
of his behavior. The court then varied downward from the
applicable range and imposed a sentence of 120 months'
imprisonment and 36 months' supervised release.
and Gaines timely filed notices of appeal.
challenges the sentencing court's application of the
career-offender enhancement to his Guidelines offense level.
See U.S.S.G. § 4B1.1(b); see also id.
§§ 4B1.1(a), 4B1.2(a)(1). The court concluded that
Lomax qualified as a career offender because he had two prior
predicate convictions. The issue on appeal is whether
Lomax's prior conviction under Iowa Code §
708.2A(2)(c) (2012) qualifies as a "crime of
violence" under the Guidelines. See U.S.S.G.
§ 4B1.2(a). We review de novo a district court's
conclusion that a prior conviction qualifies as a crime of
violence. United States v. LeGrand, 468 F.3d 1077,
1081 (8th Cir. 2006).
the Guidelines, a "career offender" includes a
defendant who "has at least two prior felony convictions
of either a crime of violence or a controlled substance
offense." U.S.S.G. § 4B1.1(a)(3). A "crime of
violence" is defined in part as "any offense under
federal or state law, punishable by imprisonment for a term
exceeding one year, that . . . has as an element the use,
attempted use, or threatened use of physical force against
the person of another." Id. § 4B1.2(a)(1);
see also id. § 4B1.1 cmt. n.1. Lomax concedes
that he has one qualifying ...