201228P.pdf   07/26/2021  United States  v.  Tyreese Thompson
   U.S. Court of Appeals Case No:  20-1228
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Kobes, Author, with Loken and Grasz, Circuit Judges] 
   Criminal case - Criminal law and sentencing. A protective sweep of the 
   residence was justified given the information known to officers,the 
   actions of the residents of the house when officers announced their 
   presence, and the officers' belief that an additional person resided at 
   the residence; officers could reasonably believe the house harbored an 
   individual hiding in a place containing cobwebs and dust like an attic and 
   they could extend the search to the attic; in any event, the consent to 
   search given by the home owner would permit a search of the attic where 
   the weapons were found; Rehaif claim rejected because even though the 
   absence of an instruction about his knowledge of his felon status was 
   clear error, defendant is not entitled to relief because he cannot show a 
   reasonable probability that, but for the error, the outcome of the trial 
   would have been different; the court would not consider an argument that 
   the district court erred in imposing a four-level enhancement under 
   Guidelines Sec. 2K2.1(b)(6)(B) for possessing the firearms in connection 
   with another felony offense because even if the court agreed with him, 
   defendant's offense level was driven by his armed career criminal status 
   and would not change if his position was adopted.