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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.