United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3817 ___________________________ United States of America Plaintiff - Appellee v. Kyle Dwayne Boleyn lllllllllllllllllllllDefendant - Appellant ___________________________ No. 18-1021 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Erwin Keith Bell lllllllllllllllllllllDefendant - Appellant ___________________________ No. 18-2248 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Justin Scott Vasey lllllllllllllllllllllDefendant - Appellant ___________________________ No. 18-2286 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Demetrius Marcellus Green lllllllllllllllllllllDefendant - Appellant -2- ___________________________ No. 18-2562 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Robert Joseph Fisher lllllllllllllllllllllDefendant - Appellant ____________ Appeals from United States District Courts for the Northern and Southern Districts of Iowa ____________ Submitted: January 17, 2019 Filed: July 8, 2019 ____________ Before LOKEN, GRASZ, and STRAS, Circuit Judges. ____________ LOKEN, Circuit Judge. We consolidated these five sentencing appeals because they present a common issue: whether a prior conviction under Iowa Code § 124.401 qualifies as a predicate offense warranting sentence enhancements under the Armed Career Criminal Act (“ACCA”), the Controlled Substances Act (“CSA”), and the career offender provisions of the Sentencing Guidelines if the Iowa law of aiding and abetting liability is “overly broad.” Five judges of the United States District Courts for the Northern and Southern Districts of Iowa concluded that a conviction under § 124.401 is a -3- “serious drug offense” under the ACCA, 18 U.S.C. § 924(e)(2)(A)(ii); a “felony drug offense” under the CSA, 21 U.S.C. § 841(b)(1)(D); or a “controlled substance offense” under § 4B1.2(b) of the Guidelines.1 Separately considering the three enhancement provisions, we agree with the district courts’ conclusions and therefore affirm each of the five sentences.2 I. The Common Issue. Kyle Dwayne Boleyn and Erwin Keith Bell each pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The district courts concluded that their multiple prior convictions under Iowa Code § 124.401 were “serious drug offenses” under the ACCA. This determination increased their advisory guidelines ranges and subjected them to the ACCA’s mandatory minimum fifteen-year sentence, rather than the maximum ten-year sentence under § 922(g). See 18 U.S.C. § 924(a)(2). Justin Vasey, Robert Fisher, and Demetrius Green each pleaded guilty to possession with intent to distribute controlled substances in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B) or (D). The district courts determined they were subject to the career offender enhancement under § 4B1.1 of the Guidelines because their 1 The Honorable Mark W. Bennett, Linda R. Reade, and Leonard T. Strand, United States District Judges for the Northern District of Iowa, and the Honorable John A. Jarvey and Rebecca Goodgame Ebinger, United States District Judges for the Southern District of Iowa. 2 Appellant Robert Fisher also argues that one Iowa drug conviction does not qualify as a career offender predicate because the government failed to prove he was incarcerated during the fifteen years prior to the instant offense. See USSG § 4A1.2(e)(1). After careful review of the sentencing record as ...
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