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191497P.pdf   07/16/2021  United States  v.  Kenneth Sanders
   U.S. Court of Appeals Case No:  19-1497
   U.S. District Court for the Northern District of Iowa - Dubuque   
[PUBLISHED] [Erickson, Author, with Grasz and Kobes, Circuit Judges] Criminal case - Criminal law. On remand from the Supreme Court for further consideration in light of Caniglia v. Strom, 141 S.Ct. 1596 (2021). See Sanders v. U.S., 141 S.Ct. 1646 (2021). The court's prior opinion is vacated and this opinion is substituted in its place. Based on the facts known to the officers at the time they responded to a domestic disturbance call, they had a reasonable basis to enter the victim's home without a warrant; the officers knew facts indicating defendant was a threat to children inside the house (including a report that he had a gun), and the victim had visible injuries consistent with a physical altercation; additionally, officers could hear crying coming from the house could see a child in a window gesturing to the officers in an excited manner, and were warned by the victim not to tell defendant that her daughter had summoned them to the scene; the scope of the encounter was carefully tailored to satisfy the officers' purpose for entry; the district court did not err in applying a two-level enhancement under Guidelines Sec. 3C1.1 for obstruction of justice for attempting to influence a witness.