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.
072916P.pdf 05/21/2008 United States v. Michael Allebach
U.S. Court of Appeals Case No: 07-2916
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and John R.
Gibson, Circuit Judge]
Criminal case - criminal law and sentencing. Evidence found during
trash pull from defendant's residence was sufficient to establish probable
cause for the issuance of a search warrant, and, even if were not, the
evidence would have been admissible under the Leon good faith
exception; district court did not err in determining defendant's possession
of crack was part of the same course of conduct as his possession of with
intent to manufacture crack; district court did not err in denying request
for a downward variance; district court was not required to use the
pending crack cocaine amendment in determining sentence.