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.

033946P.pdf   03/02/2005  USA  v.  Rady I. Sdoulam
   U.S. Court of Appeals Case No:  03-3946
   Western District of Missouri   
   Criminal case - criminal law. Indictment charged defendant with 
   conspiring to commit an intentional act - violation of 21 U.S.C. Sec. 
   841(c)(2) -and not an act of negligence; district court did not err in 
   admitting testimony from government's statistician comparing 
   defendant's sales of pseudoephedrine tablets with average convenience 
   store sales; claim that there was a fatal variance between the conspiracy 
   charged in the indictment and the evidence rejected, as there was ample 
   evidence of the single conspiracy charged; district court did not err in 
   giving deliberate ignorance and permissive inference instructions; case 
   remanded for resentencing under Booker. 
   [PUBLISHED] [Bowman, Author, with Bye and Smith, Circuit Judges]