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043325P.pdf   03/29/2006  USA  v.  Lonnie Weston
   U.S. Court of Appeals Case No:  04-3325
                          and No:  05-1291
   Western District of Missouri   
   [PUBLISHED] [Smith, Author, with Heaney and Benton, Circuit Judges]
Criminal case - criminal law and sentencing. Officers' intrusion into the curtilage of defendant Watson's home was limited and reasonably necessary to further a legitimate law enforcement purpose, and the district court did not err in denying defendant's motion to suppress evidence the officers found in plain view; in second search, the searching officer reasonably believed a third person had authority to consent to the search of the home; error in imposing a mandatory guidelines sentence on Watson was not harmless error; however, based on the available record, the court cannot determine whether the district court properly considered the Section 3553(a) factors in reaching its alternative sentence, and the matter must be remanded for resentencing; the evidence was sufficient to support defendant Woodard's conspiracy convictions; defendant Woodard did not qualify for safety valve sentencing as she did not testify truthfully.