073654P.pdf   08/27/2008  United States  v.  Daniel Hogan
   U.S. Court of Appeals Case No:  07-3654
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Benton, Author, with Melloy and Beam, Circuit Judges]
   Criminal case -Criminal law and sentencing. Police had probable cause
   to make a traffic stop after defendant committed a lane violation, and
   defendant's behavior and answers gave the officer reasonable suspicion
   to expand the scope of the stop and bring in a drug dog; when the dog
   alerted, officers had probable cause to search the vehicle, and drugs
   seized from the vehicle were admissible; while defendant's answers to
   questions posed at the time of his detention may not have been admissible
   because defendant had not received his Miranda warning, any error in
   admitting the statement was harmless in light of the overwhelming
   independent evidence of defendant's guilt; warrantless search of
   defendant's home was justified by exigent circumstances, and statements
   defendant made to officers were admissible; search of defendant's cell
   was conducted for legitimate security reasons, and defendant had no
   legitimate expectation of privacy to the papers in his cell; admission of
   the papers did not violate defendant's right against self-incrimination;
   evidence was sufficient to support convictions for conspiracy to distribute
   methamphetamine, possession of the drug with intent to distribute and
   distribution of the drug; district court's sentencing finding that the
   conspiracy involved more than 500 grams of methamphetamine was not
   clearly erroneous; district court did not err in denying defendant's request
   for a minimal participant reduction under Guidelines Sec. 3B1.2.