033648P.pdf   08/01/2005  USA  v.  M. Martinez-Noriega
   U.S. Court of Appeals Case No:  03-3648
   District of Nebraska   
   [PUBLISHED] [Colloton, Author, with Lay and Benton, Circuit 
   Judges] 
   Criminal case - Sentencing Guidelines. By securing an agreement that 
   pursuant to Guidelines Sec. 2D1.1. the base offense level is a certain 
   number, a defendant has solidified where he will start in Chapter Two of 
   the guidelines, but he has not protected himself against adjustments in 
   Chapter 4; the agreement here did not bind the court with respect to 
   Chapter Four, and the court could still apply the career-offender 
   guideline; applying Pirani's plain error analysis, the defendant was not 
   entitled to Booker relief as he had not demonstrated a reasonable 
   probability that the district court would have imposed a lesser sentence 
   under an advisory guidelines scheme. Judge Lay, concurring in part and 
   dissenting in part.