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132452P.pdf   10/28/2014  United States  v.  Eric Michelle Hunter
   U.S. Court of Appeals Case No:  13-2452
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Loken, Author, with Bright and Gruender, Circuit Judges] Criminal case - Criminal law and Sentencing. Police officers relied on binding Eighth Circuit precedent in obtaining and executing a warrant, and the exclusionary rule did not apply to preclude the use of the drug dog's sniff evidence in the search warrant application; claims of prosecutorial misconduct during trial and during closing argument rejected; Apprendi did not overrule Almendarez-Torres and district courts may continue to impose career offender enhancements without having a jury determine the fact of prior convictions; Alleyne left intact the rule that enhancements based on the fact of a prior conviction are an exception to the general rule that facts increasing the prescribed range of penalties must be presented to a jury; appellant's motion for permission to file a pro se brief is denied as he represented by appointed counsel and no reason has been shown for the court to deviate from its general rule that a party represented by counsel may not file his own pro se brief. Judge Bright, concurring.