151023P.pdf   04/01/2016  United States  v.  Jerry Scott
   U.S. Court of Appeals Case No:  15-1023
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Kelly, Author, with Wollman and Colloton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   err in crediting the arresting officer's testimony that he could smell PCP 
   as he approached defendant's vehicle, and the court did not err in denying 
   defendant's motion to suppress the evidence seized in the subsequent 
   search; a second, unrelated search of defendant's vehicle was justified as 
   a protective sweep as the officers had a reasonable suspicion that 
   defendant was armed and dangerous; evidence was sufficient to support 
   defendant's convictions for possession of PCP with intent to distribute 
   and possession of a firearm in furtherance of drug trafficking; evidence 
   was sufficient for a jury to find defendant constructively possessed 
   additional PCP found in the search of a house; even if the district court 
   erred in relying on the residual clause of Guidelines Sec. 4B1.2(a)(2) in 
   determining defendant was a career offender, he had three other 
   convictions which qualified as crimes of violence, and he was properly 
   sentenced as a career offender; 360-month sentence was at the bottom of 
   the applicable advisory guidelines range and was not substantively 
   unreasonable.