061055P.pdf   12/28/2006  United States  v.  Kevin Lee Davis
   U.S. Court of Appeals Case No:  06-1055
                          and No:  06-1227
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Bowman, Author, with Wollman and Bright, Circuit Judges]
   Criminal case - criminal law and sentencing. Protective sweep of
   defendant's barn was justified by a reasonable belief that accomplices
   were in the barn and presented a legitimate threat to officer safety; while
   officer's actions in breaking into a padlocked closet during the protective
   sweep was improper, the evidence seen during the legitimate portions of
   the protective sweep was more than sufficient to establish probable cause
   for the issuance of a warrant; Franks challenge rejected; evidence was
   sufficient to support convictions for conspiracy and drug manufacturing;
   application of a two-level enhancement for possession of a firearm was
   proper, given the firearms' close proximity to defendant's drug operations;
   district court properly considered the mitigating factors suggested by
   defendant and imposed a sentence which was not unreasonable;
   government challenge to drug quantity calculations rejected as the court's
   findings were sufficiently specific to comply with Rule 32(i)(3)(B).