033133P.pdf   06/13/2005  USA  v.  Daniel John Marshall
   U.S. Court of Appeals Case No:  03-3133
   Northern District of Iowa   
   [PUBLISHED] [Smith, Author, with Murphy and Heaney, Circuit 
   Judges] 
   Criminal case - Sentencing Guidelines. District court's drug 
   calculations were not clearly erroneous; defendant was not entitled to a 
   safety-valve departure as the district court's finding that he had not been 
   completely truthful at the safety-valve interview was not clearly 
   erroneous; applying Pirani's plain error analysis, defendant was not 
   entitled to Booker relief as he failed to demonstrate a reasonable 
   probability that the district court would have imposed a lesser sentence 
   under an advisory guidelines scheme; sentence was not unreasonable in 
   light of the factors set forth in 18 U.S.C. Sec. 3553(a). Judge Heaney 
   dissenting on the safety-valve issue.