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.
031286P.pdf 07/21/2005 USA v. Joshua Parks
U.S. Court of Appeals Case No: 03-1286
District of Nebraska
[PUBLISHED] [Smith, Author, with Riley and Beam, Circuit Judges]
Criminal case - Sentencing Guidelines. For the court's initial opinion
in the case, see United States v. Parks, 364 F.3d 902 (8th Cir. 2004). On
remand from the Supreme Court for further consideration under Booker,
the court applies Pirani's plain error analysis and concludes defendant is
not entitled to Booker relief as he had failed to demonstrate a reasonable
probability that the district court would have imposed a lesser sentence
under an advisory guidelines scheme.
031286P.pdf 04/14/2004 USA v. Joshua Parks
U.S. Court of Appeals Case No: 03-1286
District of Nebraska
Criminal case - criminal law. Evidence was sufficient to support
conspiracy and gun convictions; district court did not err in permitting the
introduction of replica weapons as demonstrative aids; discretionary
refusal to grant a downward departure is unreviewable.
[PUBLISHED] [Smith, Author]