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.
031638U.pdf 02/03/2006 United States of America v. Michael Jackson
U.S. Court of Appeals Case No: 03-1638
Western District of Missouri
[UNPUBLISHED] [Per Curiam - Bye, Lay and Smith, Circuit Judges]
Criminal case - sentencing. On remand from the Supreme Court for
further consideration in light of Booker. Applying Pirani's plain error
analysis, defendant was not entitled to Booker relief as he failed to
demonstrate a reasonable probability that the district court would have
imposed a lesser sentence under an advisory guidelines scheme.
031638P.pdf 04/26/2004 United States v. Michael Jackson
U.S. Court of Appeals Case No: 03-1638
and No: 03-1723
Western District of Missouri
Criminal case - Criminal law and Sentencing Guidelines. Because
defendant's base offense level was based only on his status as an armed
career criminal and did not take into account his state-court offenses,
Guidelines Sec. 5G2.3(b) does not apply, and the district court did not err
in running the federal sentence consecutively to the two state-court
sentences; identification procedure was not unduly suggestive and a state
trooper's identification of defendant a half-hour after defendant nearly
ran him down was reliable; evidence was sufficient to support conviction
for unlawful possession of a firearm.
[PUBLISHED] [Smith, Author]