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212111P.pdf   08/03/2022  United States  v.  Randy Dabney
   U.S. Court of Appeals Case No:  21-2111
   U.S. District Court for the Western District of Missouri - Springfield   
[PUBLISHED] [Kobes, Author, with Colloton and Grasz, Circuit Judges] Criminal case - Criminal law and Sentencing. The police had reasonable suspicion to search defendant's truck for weapons based on the facts observed by the officer and defendant's known criminal history; a Terry frisk of a car is permissible even when the suspect is outside the car; the scope of the frisk was lawful as the hole in the door panel was large enough to hold a gun and could be searched; use of a flashlight to see inside the door panel was permissible in the search for a possible weapon; the district court did not abuse its discretion by denying defendant permission to file an untimely second suppression motion; in any event, the government dropped the counts that were covered by the proposed motion, and the evidence had no effect on defendant's sentencing; defendant's guilty plea included an appeal waiver covering sentencing issues, and the court dismisses his sentencing claim.