031414P.pdf   07/29/2005  USA  v.  Stephen Erhart
   U.S. Court of Appeals Case No:  03-1414
   District of Minnesota   
   [PUBLISHED] [Smith, Author, with Melloy and Colloton, Circuit 
   Judges] 
   Criminal case - Criminal law. Evidence was sufficient to support 
   conviction for possession of a sawed-off shotgun; applying Pirani's plain 
   error analysis, defendant was not entitled to Booker relief, as he had not 
   demonstrated a reasonable probability that the district court would have 
   imposed a lesser sentence under an advisory guidelines scheme; district 
   court did not err in determining the fraud rate and attributable loss in 
   defendant's scheme; district court did not err in denying defendant's 
   request for a three-level downward adjustment for acceptance of 
   responsibility or in imposing enhancements for abuse of private trust and 
   leadership role in the offense; imposition of restitution order under the 
   Mandatory Victims Restitution Act was not an Ex Post Facto violation.