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