113321P.pdf   04/04/2013  United States  v.  Roberto Rodriguez
   U.S. Court of Appeals Case No:  11-3321
   U.S. District Court for the Western District of Missouri - Joplin   
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Loken,
   Circuit Judge]
   Criminal case - Criminal law and sentencing. Asking defendant to get
   out of his car was not the functional equivalent of an arrest, and the
   statements he subsequently made to the officer were admissible; search of
   his car was supported by probable cause after defendant told the officer
   he had a handgun and a meth pipe in the car; the police affidavit
   submitted in support an application for a warrant to search defendant's
   home established probable cause; guns found in plain view were properly
   seized even if they were not listed in the warrant; evidence was sufficient
   to show defendant possessed a firearm while being a convicted felon and
   a user of controlled substances; drug quantities were properly calculated;
   any error in imposing a two-level enhancement under Guidelines Sec.
   2K2.1(b)(4) for possession of a stolen firearm was harmless as
   defendant's offense level was determined under grouping rules and the
   error did not impact his highest offense level under those rules; no error
   in imposing criminal history points for certain prior convictions.