031982P.pdf   09/06/2005  United States  v.  Duane Carl Carpenter
   U.S. Court of Appeals Case No:  03-1982
   Southern District of Iowa   
   [PUBLISHED] [Murphy, Author, with Heaney and Smith, Circuit 
   Judges] 
   Criminal case - Sentencing Guidelines. For the court's initial opinion 
   in the case, see U.S. v. Underwood, et al., 364 F.3d 956 (8th Cir. 2004). 
   District court did not err in denying motion to suppress evidence seized 
   during a search of defendant's home; defendant was not entitled to a 
   Franks hearing as he failed to make a substantial preliminary showing 
   that a false or reckless statement was made in support of the warrant 
   application; evidence was sufficient to support conviction for conspiracy, 
   manufacturing methamphetamine and endangerment of human life while 
   manufacturing methamphetamine; 21 U.S.C. Sec. 858 is not 
   unconstitutionally vague; conviction under both 21 U.S.C. Sec. 841(a)(1) 
   and 21 U.S.C. Sec. 860 violates double jeopardy since one of the 
   elements of Section 860 is violation of Section 841(a)(1); as a result, 
   defendant's conviction and sentence for the lesser included offense of 
   manufacturing methamphetamine in violation of 21 U.S.C. Sec. 841 must 
   be vacated; district court did not err in imposing enhancement for 
   leadership role or in calculating the drug quantity; nor did the court err in 
   finding defendant was a career offender for purposes of Guidelines Sec. 
   4B1.1; on remand from the Supreme Court for further consideration in 
   light of Booker, the court applies Pirani's plain error analysis and 
   concludes defendant is not entitled to Booker relief as