072977P.pdf   06/23/2008  United States  v.  Rick Cantrell
   U.S. Court of Appeals Case No:  07-2977
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Riley, Author, with Loken, Chief Judge, and Smith,
   Circuit Judge]
   Criminal case - criminal law and sentencing. Officers possessing an
   arrest warrant for defendant could enter a third party's home to effectuate
   the arrest because they had a reasonable belief defendant resided there
   and was present; upon defendant's arrest, officers could perform a
   protective sweep in the interest of officer safety; subsequent full search 
   of the home was conducted with the third party's consent, and defendant
   failed to present any credible evidence that he objected to the search;
   district court did not err in refusing to give a "mere presence" instruction
   as the instruction was not supported by the evidence; the district court did
   not err in sentencing defendant as a career offender as his Missouri
   conviction for second degree burglary was a crime of violence for
   sentencing purposes.