072285P.pdf   02/08/2008  United States  v.  Marco Pruneda
   U.S. Court of Appeals Case No:  07-2285
                          and No:  07-2369
   District of Nebraska - Lincoln   
   [PUBLISHED] [Wollman, Author, with Chief Judge Loken and
   Shepherd, Circuit Judges]
   Criminal Case - conviction and sentence. Protective search made during
   execution of arrest warrant and observation of contraband was not
   unreasonable. Inevitable discovery exception to exclusionary rule
   validated admission of evidence and, even without information from
   protective sweep, officers had sufficient information to obtain a search
   warrant. Sufficient evidence was presented to support conviction of both
   codefendants. District court did not abuse its discretion in admitting
   evidence containing pornographic images and was not so prejudicial as to
   produce a different verdict. District court did not clearly err in denying
   Pruneda 2-level reduction in offense level, as less involvement in
   conspiracy alone is insufficient to warrant downward adjustment. 
   District court did not clearly err in holding Garcia-Delacruz responsible
   for larger drug quantity and did not abuse its discretion in sentencing
   Garcia-Delacruz as it did.