DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182896P.pdf 02/06/2020 United States v. Asmerom Keleta
U.S. Court of Appeals Case No: 18-2896
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Melloy and Stras, Circuit Judges]
Criminal case - Criminal law and sentencing. There was probable cause to
issue the warrant to search defendant's tax return business premises; even
without the contested information defendant alleges was false or asserted
with reckless disregard for the truth, the information established there
was a fair probability that evidence of illegal activity would be found at
the business premises; prosecutor's argument regarding misidentification
was improper and misleading but, after a careful review of the evidence,
the court is convinced, beyond a reasonable doubt, that the arguments
could not have reasonably affected the jury's verdict on either count of
conviction; the government failed to carry its burden of proof, and the
district court erred in imposing a four-level organizer of leader
enhancement under Guidelines Sec. 3B1.1(a); remanded for resentencing.