033533P.pdf   05/06/2005  United States  v.  Christopher M. Mohr
   U.S. Court of Appeals Case No:  03-3533
   District of Minnesota   
   Criminal case - Sentencing Guidelines. On remand from the Supreme
   Court, the court determines that its earlier resolution of the issues in its
   August 23, 2004 opinion, including those related to the career offender
   enhancement, are unaffected by Booker or United States v. Shepard, and
   the August 23, 2004 opinion, which had been withdrawn, is reinstated
   and refiled.
   [PUBLISHED] [Murphy, Author, with Heaney and Bright, Circuit
   Judges]
  
033533P.pdf   08/23/2004  United States  v.  Christopher M. Mohr
   U.S. Court of Appeals Case No:  03-3533
   District of Minnesota   
   Criminal Case - sentencing. Defendant pleaded guilty to conspiring to 
   distribute methamphetamine and he was sentenced as a career offender to 
   188 months. District court did not err in determining prior burglary of 
   commercial building was a crime of violence for purposes of career 
   offender provision. Defendant failed to show constitutional error in 
   applying Eighth Circuit precedent. District court was aware of authority 
   to depart and thus decision not to depart is unreviewable. [PUBLISHED] 
   [Murphy, Author, with Heaney, concurring questioning this court's 
   precedent and Bright, concurring suggesting the Supreme Court address 
   the issue]