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.

034074P.pdf   03/28/2006  United States  v.  Allan Mugan
   U.S. Court of Appeals Case No:  03-4074
   Northern District of Iowa   
   [PUBLISHED][Murphy, Author, with Heaney and Beam, Circuit Judges]
Criminal case - Sentencing. The record established defendant's production of child pornography was tied to interstate commerce as the images were stored on digital memory which had been transported in interstate commerce; district court did not err in denying motion to withdraw guilty plea as defendant did not establish a fair and just reason for withdrawing the plea; applying Pirani's plain error analysis, defendant was not entitled to Booker relief as there was no indication the district court would have imposed a lesser sentence under an advisory guidelines scheme; sentence was not unreasonable. Judge Heaney, concurring. 034074P.pdf 01/12/2005 United States v. Allan Mugan U.S. Court of Appeals Case No: 03-4074 Northern District of Iowa
Criminal case - Criminal law. Constitutional challenge to child pornography laws rejected because the convictions were clearly tied to interstate commerce; district court did not abuse its discretion in denying motion to withdraw guilty plea; no error in imposing enhancement for obstruction of justice based on defendant's efforts to persuade family members to give false exculpatory testimony. [PUBLISHED] [Murphy, Author, with Heaney and Beam, Circuit Judges]