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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.