041010P.pdf   06/13/2005  USA  v.  David Staples
   U.S. Court of Appeals Case No:  04-1010
   Eastern District of Missouri   
   [PUBLISHED] [M. Arnold, Author, with Bright and Fagg, Circuit 
   Judges] 
   Criminal case - criminal law. Claim that identification procedures were 
   unduly suggestive and created a substantial likelihood of irreparable 
   misidentification rejected; trial attorney's decision not to call two 
   witnesses, who were likely to be seriously impeached, was a reasonable 
   trial strategy and did not constitute ineffective assistance of counsel; in 
   sentencing defendant for his participation in a fraud scheme, the district 
   court should have considered the value of the collateral in determining 
   the amount of the intended loss; here, the intended loss was smaller than 
   the actual loss, and the actual loss should be used to calculate the 
   sentencing range; since the court cannot conclude, based on this record, 
   whether the miscalculation of the loss affected the trial court's sentence 
   determinations, the matter is remanded for further proceedings.