031543P.pdf   04/22/2004  United States  v.  Bart Underwood
   U.S. Court of Appeals Case No:  03-1543
                          and No:  03-2716
                          and No:  03-1982
   Southern District of Iowa   
   Criminal case - criminal law. Application for search warrant was 
   sufficient to establish probable cause; no error in denying request for 
   Franks hearing to challenge the warrant, as defendants failed to 
   demonstrate the officials had deliberately or recklessly included false 
   information; evidence was sufficient to support drug conspiracy 
   convictions; constitutional challenge to 21 U.S.C. Sec. 858 rejected; 
   single conspiracy was proven, and the district court did not err in refusing 
   multiple conspiracy instruction; convictions under both 21 U.S.C. Sec. 
   841(a)(1) and 21 U.S.C. Sec. 860 violated Double jeopardy because one 
   of the elements of Sec. 860 is a violation of 841(a)(1); district court 
   should set aside the conviction and sentence for Sec. 841(a)(1) as it the 
   lesser offense; no error in refusing minor role reductions or in imposing 
   leadership role enhancements; drug quantity calculations were supported 
   by a preponderance of the evidence and were not clearly erroneous; no 
   error in sentencing defendant Carpenter as a career offender; no error in 
   imposing enhancement for possession of a dangerous weapon; criminal 
   history calculation affirmed; government cross-appeal asserting defendant 
   Steele's offense level should have been enhanced because the meth lab 
   involved in the offense created a substantial risk to life rejected, as it 
   was not clear Steele was aware of the conditions and some of the most 
   dangerous work was done elsewhere. 
   [P