032503P.pdf   07/05/2005  USA  v.  Rusty Leisure
   U.S. Court of Appeals Case No:  03-2503
                          and No:  04-1351
   District of Nebraska   
   [PUBLISHED] [Per Curiam - Melloy, Smith and Colloton, Circuit 
   Judges] 
   Criminal case - Sentencing Guidelines. For the court's initial opinion 
   in the case see U.S. v. Leisure, 377 F.3d 910 (8th Cir. 2004). On remand 
   from the Supreme Court, the court applies Pirani's plain error analysis 
   and concludes defendant is not eligible for Booker relief as he can not 
   establish a reasonable probability that the district court would have 
   imposed a lesser sentence under an advisory guidelines scheme. 
  
032503P.pdf   07/30/2004  USA  v.  Rusty Leisure
   U.S. Court of Appeals Case No:  03-2503
                          and No:  04-1351
   District of Nebraska   
   Criminal case - criminal law. Evidence was sufficient to support drug 
   conspiracy conviction; no error in admitting out-of-court statements of 
   co-conspirators; no error under Rule 404(b) in admitting testimony 
   regarding other criminal conduct, as the testimony showed the existence 
   of the conspiracy and defendant's participation in it; defendant's absence 
   at proceedings concerning jury questions did not violate Rule 43, as the 
   proceedings only presented a matter of law; several other pro se claims of 
   error rejected. 
   [PUBLISHED] [Colloton, Author, with Melloy and Smith, Circuit Judges]