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.
031885P.pdf 07/13/2005 USA v. Gerald Keith Miller
U.S. Court of Appeals Case No: 03-1885
Western District of Arkansas
[PUBLISHED] [Melloy, Author, with Bye and Bowman, Circuit
Judges]
Criminal case - Sentencing Guidelines. District court finding under
Guidelines Sec. 2B1.1(b)(9)(C) that defendants used sophisticated means
did not constitute clear error as the evidence showed the crimes were
extensively planned and executed with careful attention to detail;
defendants acted in concert and could be held responsible for the losses
caused by the others; applying Pirani's plain error analysis, defendants
were not entitled to Booker relief as they could not show the district court
would have imposed a lesser sentence under an advisory guidelines
scheme.