032862P.pdf   12/05/2005  USA  v.  Raymond Smith
   U.S. Court of Appeals Case No:  03-2862
                          and No:  03-3494
   District of Minnesota   
   [PUBLISHED] [Smith, Author, with Beam and Colloton, Circuit Judges]
   Criminal case - Sentencing. On remand from the Supreme Court for
   further consideration in light of Booker. For the court's initial opinion in
   the case, see U.S. v. Smith, 378 F.3d 754 (8th Cir. 2004). District court
   did not clearly err in relying on trial testimony and its credibility findings
   to determine drug quantity; 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.
  
032862P.pdf   08/04/2004  USA  v.  Raymond Smith
   U.S. Court of Appeals Case No:  03-2862
                          and No:  03-3494
   District of Minnesota   
   Criminal case - Criminal law. Claims of ineffective assistance of 
   counsel should be brought in a habeas proceeding; district court's 
   decision to permit leading questions was not plain error. 
   [PUBLISHED] [Smith, Author, with Beam and Colloton, Circuit Judges]