201368P.pdf   08/09/2021  United States  v.  Marshaun Merrett
   U.S. Court of Appeals Case No:  20-1368
                          and No:  20-2081
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Smith, Author, with Shepherd and Grasz, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The wiretap authorization was 
   valid as the government established necessity and probable cause that the 
   phone was connected to crime; there was reasonable suspicion to stop the 
   SUV in which defendant Frencher was riding as the police had reasonable 
   grounds to believe, based on the wiretap, that he was on his way to commit 
   burglary; the search was not unreasonably extended; the police had 
   probable cause to search the vehicle based on the smell of marijuana 
   emanating from the vehicle; defendant Frencher's sentence was not 
   substantively unreasonable as the district court did not commit a clear 
   error of judgment in weighing the 3553(a) factors; defendant Merrett's 
   sentence was also substantively reasonable as the district court carefully 
   weighed the 3553(a) factors, including Merrett's mitigation arguments; 
   Merrett's sentence was not extremely disparate to Frencher's.