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Criminal Law: Search Warrant-Probable Cause-Sentencing Enhancements

Staff Report//February 17, 2020//

Criminal Law: Search Warrant-Probable Cause-Sentencing Enhancements

Staff Report//February 17, 2020//

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Where a defendant, who was convicted of conspiring to defraud the country and assisting in the filing of a false tax return, challenged the denial of his motion to suppress, probable cause existed to support a warrant to search the defendant’s tax return business, and even though a prosecutor’s argument about misidentification was improper, the argument did not affect the jury verdict, so the judgment is affirmed, but the district court erred in imposing four-level enhancement for a leader or organizer, so the sentence is vacated and remanded.

Judgment is affirmed; sentence vacated and remanded.

U.S. v. Keleta (MLW No. 74504/Case No. 18-2896 – 18 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, Eastern District of Missouri, White, J. (Justin Gelfand, St Louis, argued for appellant) (Dianna Collins, St. Louis, argued for appellee).

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