DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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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.