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202857P.pdf   09/03/2021  United States  v.  Levi Miller
   U.S. Court of Appeals Case No:  20-2857
   U.S. District Court for the Northern District of Iowa - Eastern   
[PUBLISHED] [Smith, Author, with Shepherd and Grasz, Circuit Judges] Criminal case - Criminal law and sentencing. Alleged omissions in the search warrant application were not critical to the issuing judge's finding of probable cause as none of the omissions bore on the witnesses' consistent statements that defendant had displayed a shotgun in a threatening manner in violation of Iowa law; as a result, the district court did not err in denying defendant's motion to suppress under Franks; without deciding whether exigent circumstances justified law enforcement's warrantless entry into defendant's residence, any illegality in the entry was not the but-for cause of obtaining the evidence; Second Amendment challenge to National Firearms Act rejected; the district court did not err in calculating defendant's base offense level under Guidelines Sec. 4B1.2(b) by concluding he had a prior controlled-substance offense; the court did not err in imposing an enhancement under Guidelines Sec. 2K2.1(a)(3) based on the length of the shotgun's barrel; nor did the court err in imposing an enhancement under Guidelines Sec. 2K2.1(b)(6)(B) for possession of the weapon in connection with another offense - assault by use or display of a dangerous weapon.