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.
063267P.pdf 05/07/2007 United States v. Emmanuel Rodriguez
U.S. Court of Appeals Case No: 06-3267
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Riley, Author, with Melloy and Shepherd, Circuit
Judges]
Criminal Case - conviction and sentence. Conspiracy conviction and
360-month sentence are affirmed. District court did not plainly err in
failing to suppress evidence seized during two searches pursuant to a
warrant, as it was objectively reasonable for the officers to rely on the
validity of the search warrant for both residences. Admission of
defendant's unexplained wealth in the absence of evidence showing a lack
of other legitimate sources of income was not an abuse of discretion.
Confrontation Clause challenge lacked merit. On sentencing issues, drug
quantity determination and enhancement for being an organizer or leader
were supported by sufficient evidence and were not clear error.
Enhancement for possessing a dangerous weapon was also not clear error.