DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
033972P.pdf 06/21/2005 USA v. Sharon Marie Wheeler
U.S. Court of Appeals Case No: 03-3972
Western District of Missouri
[PUBLISHED] [M. Arnold, Author, with Bright and Fagg, Circuit
Judges]
Criminal case - Sentencing Guidelines. Statement of ground for upward
departure was sufficiently detailed to permit adequate appellate review;
evidence was sufficient to support departure under Guidelines Sec.
2B1.1, comment. (n.15(A)(v)) (2002), where defendant embezzled one-
third of the company's funds and forced it to the verge of bankruptcy;
applying Pirani plain error analysis, defendant was not entitled to Booker
relief as she failed to demonstrate a reasonable probability that the
district court would have imposed a lesser sentence under an advisory
guidelines scheme.