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.

033617P.pdf   01/23/2006  USA  v.  Herman Staples
   U.S. Court of Appeals Case No:  03-3617
                          and No:  03-4023
                          and No:  03-4021
                          and No:  03-3994
   Eastern District of Missouri   
   [PUBLISHED] [Colloton, Author, with McMillian and Benton, Circuit Judges]
Criminal case - criminal law and sentencing. Guilty plea waived all non-jurisdictional errors; imposition of a three-year term of supervised release was not plain error; while the district court plainly erred in applying the mandatory guidelines in sentencing defendant Washington, the error did not affect his substantial rights as he could not show that there was a reasonable probability he would have received a lesser sentence but for the error; given the law of the case as the elements were defined for the jury, there was insufficient evidence to sustain the bank fraud convictions against defendants Montgomery and Silinzy, and their convictions are vacated.