DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
033615P.pdf 07/11/2005 United States v. Wesley George Thorn
U.S. Court of Appeals Case No: 03-3615
Western District of Missouri
[PUBLISHED] [Bowman, Author, with Loken, Chief Judge, and
Wollman, Circuit Judge]
Criminal case - Sentencing Guidelines. For the court's first opinion in
this case see U.S. v. Thorn, 375 F.3d 679 (8th Cir. 2004). On remand from
the Supreme Court for further consideration under Booker, the court
applies the Pirani plain error analysis and concludes defendant is not
entitled to Booker relief as defendant has failed to demonstrate a
reasonable probability that the district court would have imposed a lesser
sentence under an advisory guidelines scheme.
033615P.pdf 07/13/2004 United States v. Wesley George Thorn
U.S. Court of Appeals Case No: 03-3615
Western District of Missouri
Criminal Case - suppression. During search of state employee's office,
incident to investigation of workplace misconduct, state officials found
child pornography and contacted police, who obtained a warrant.
Government employee did not have legitimate expectation of privacy in
the contents of his office computer. Search of office, desk and filing
cabinet were reasonable. Defendant consented to initial search of desk
and subsequent search after discovering pornography was not
unreasonable. Findings supported warrant. [PUBLISHED] [Bowman,
Author, with Chief Judge Loken and Wollman, Circuit Judge]