033878P.pdf   06/09/2005  United States  v.  Peter George Noe
   U.S. Court of Appeals Case No:  03-3878
                          and No:  03-4048
                          and No:  03-3880
                          and No:  03-3879
   District of Minnesota   
   [PUBLISHED] [Wollman, Author, with Heaney and Fagg, Circuit 
   Judges] 
   Criminal case - criminal law. Any reference to gang membership was 
   not reversible error in light of the overwhelming evidence of guilt and the 
   limiting instruction given by the court; no error in denying motion to 
   sever trials of co-conspirators; no error in admitting evidence of assault to 
   collect drug debt as the coercion of payment furthered the conspiracy; 
   applying Pirani's plain error analysis, defendants were not entitled to 
   Booker relief as they could not demonstrate a reasonable likelihood that 
   the district court would have imposed lesser sentences under an advisory 
   guidelines scheme; no error in imposing enhancements for use of a 
   minor, for possession of a firearm in connection with the drug offenses 
   or for leadership role; defendant Placek failed to show the government's 
   refusal to file a 5K1.1 motion was the product of bad faith or 
   unconstitutional motive.