DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
221332P.pdf 07/27/2023 United States v. Melroy Johnson, Sr.
U.S. Court of Appeals Case No: 22-1332
U.S. District Court for the Northern District of Iowa - Western
[PUBLISHED] [Kelly, Author, with Loken and Shepherd, Circuit Judges]
Criminal case - Criminal law and Sentencing. While the search warrant
affidavit failed to include information that was relevant to determining
probable cause, the officer who drafted it did not act intentionally or
with reckless disregard for the truth in drafting the affidavit, and
defendant was not entitled to suppression under Franks; even if the
warrant application was insufficient to establish probable cause, the
good-faith exception to the exclusionary rule applies to the case; because
the description of defendant's residence was sufficiently particular and
there was no reasonable probability of a mistaken search, the
typographical error in the warrant's condition precedent does not require
the evidence seized to be suppressed; the evidence was sufficient to
support defendant's conviction for conspiracy to distribute
methamphetamine and his conviction for possession of the drug with intent
to distribute; the district court did not err in denying defendant's
motion for a new trial based on newly discovered evidence as there was no
reasonable probability that the result would have been any different with
the new material; the district court did not err in calculating the drug
quantity for purposes of sentencing.