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.

034005P.pdf   07/05/2005  United States  v.  William Monnier
   U.S. Court of Appeals Case No:  03-4005
   District of Nebraska   
[PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and Beam, Circuit Judge] Criminal case - criminal law. Evidence was sufficient to support convictions for conspiracy and distribution of methamphetamine resulting in death; district court did not abuse its discretion by refusing to declare a mistrial after a witness was sworn and refused to testify as defendant was not entitled to force the witness to take the Fifth in front of the jury; applying Pirani's plain error analysis, defendant was not entitled to Booker relief as he could not demonstrate a reasonable probability that the district court would have imposed a lesser sentence under an advisory guidelines scheme.