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032326P.pdf   01/23/2006  USA  v.  L. Martinez-Figueroa
   U.S. Court of Appeals Case No:  03-2326
   Western District of Missouri   
   [PUBLISHED] [Loken, Author, with McMillian and Beam, Circuit Judges]
Criminal case - Sentencing. On remand from the Supreme Court for further consideration under Booker. For the court's initial opinion see U. S. v. Martinez-Figueroa, 363 F.3d 679 (8th Cir. 2004). Applying Pirani's plain error analysis, defendant was not entitled to Booker relief as he could not demonstrate a reasonable probability that the district court would have imposed a lesser sentence under an advisory guidelines scheme.