DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

013177P.pdf   08/29/2002  USA  v.  Timothy Koons
   U.S. Court of Appeals Case No:  01-3177
   Northern District of Iowa   
   Criminal case - criminal law. Under the totality of the 
   circumstances, the Leon good faith exception applied 
   to the search, and the district court did not err in denying 
   almost all of the points raised in defendant's motion to 
   suppress; 21 U.S.C. Sec. 860(a) is a constitutional 
   exercise of congressional power under the Commerce 
   Clause; safety valve reduction is not available to 
   someone convicted under 21 U.S.C. Sec. 860; court 
   did not err in refusing to grant a downward departure 
   under Guideline Section 5K2.0, as actual danger to 
   children is irrelevant to the offense under Section 860(a); 
   court did not err in rejecting argument that mitigating 
   factors warranted a downward departure. Dissent by 
   Judge Heaney on the search issue.