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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.