DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042587P.pdf 07/18/2005 United States v. Douglas G. Radtke
U.S. Court of Appeals Case No: 04-2587
and No: 04-2611
and No: 04-2593
District of Minnesota
[PUBLISHED] [Colloton, Author, with Wollman and Lay, Circuit
Judges]
Criminal case - criminal law. Evidence was sufficient to support
convictions for conspiracy, mail fraud, filing false tax returns, and failing
to collect and pay payroll taxes; district court did not err in refusing to
admit evidence that defendant filed an amended tax return after he was
indicted, as the evidence was of minimal probative value as to
defendant's state of mind at the time he filed the false return; district
court did not err in calculating the amount of the loss caused by the
scheme; district court did not err in imposing a leadership enhancement
based on defendant Radtke's role in the offense; applying Pirani's plain
error analysis, defendants were not entitled to Booker relief as they failed
to show a reasonable probability that the district court would have
imposed lesser sentences under an advisory guidelines scheme. Judge
Lay, concurring in part and dissenting in part.