DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063500P.pdf 04/17/2008 United States v. Steven Wayne Pruett
U.S. Court of Appeals Case No: 06-3500
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Per Curiam - Before Melloy, Bowman and Gruender,
Circuit Judges]
Criminal case - Criminal law. Based on the holding in Watson v.
United States that a person does not use a firearm when he receives it in
trade for drugs, defendant's conviction for using a firearm in furtherance
of a drug trafficking crime is reversed, and the case is remanded for
further proceedings.
063500P.pdf 09/06/2007 United States v. Steven Wayne Pruett
U.S. Court of Appeals Case No: 06-3500
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Bowman, Author, with Melloy and Gruender, Circuit
Judges]
Criminal case - criminal law. Leon "good faith" exception applied to
search as the magistrate who issued the warrant did not abandon the
judicial role, the application was not so deficient that reasonable officers
could not believe it established probable cause, and the application did
not omit material facts with the intention of misleading the magistrate;
claim that the government added two counts in retaliation for defendant's
failure to plead guilty rejected in the absence of any evidence of
prosecutorial vindictiveness; evidence was sufficient to support
conspiracy conviction; a person can use a firearm in violation of 18
U.S.C. Sec. 924(c)(1) by receiving the firearm in a drug for weapons
exchange.