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.
182976P.pdf 07/17/2020 United States v. Gabriel Sherrod
U.S. Court of Appeals Case No: 18-2976
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Kobes, Author, with Gruender and Stras, Circuit Judges]
Criminal case - Criminal law and sentencing. The district court did not
clearly err when it found defendant's son entered the family house without
closing the door; the knock-and-announce rule does not apply when officers
enter a home through an open door; officer had a felony arrest warrant for
defendant and a reasonable belief that he was present in the home, and his
entry into the home was reasonable; no error in applying an enhancement of
justice based on the court's conclusion that defendant gave false
testimony at the suppression hearing; the district court did not abuse its
discretion by sentencing defendant to the statutory maximum of 120 months
when the recommended Guidelines sentence was 235 to 293 months.