041129P.pdf   07/21/2005  USA  v.  Jeffrey B. Cramer
   U.S. Court of Appeals Case No:  04-1129
   Eastern District of Arkansas   
   [PUBLISHED] [Smith, Author, with Riley and Lay, Circuit Judges] 
   Criminal case - Sentencing Guidelines. Applying Pirani's plain error 
   analysis, defendant was not entitled to Booker relief as he had failed to 
   demonstrate a reasonable probability that the district court would have 
   imposed a lesser sentence under an advisory guidelines scheme; district 
   court did not err in departing upward based upon an understatement of 
   defendant's criminal history as the the departure was supported by the 
   sufficient evidence; application of both Guidelines Sec. 4B1.5(a) and 
   Sec. 4A1.3 did not constitute double counting. 
  
041129P.pdf   02/03/2005  USA  v.  Jeffrey B. Cramer
   U.S. Court of Appeals Case No:  04-1129
   Eastern District of Arkansas   
   Criminal case - Sentencing Guidelines. District court did not err in 
   imposing an upward departure under Guidelines Sec. 4A1.3 on the 
   ground defendant's criminal history was substantially underrepresented; 
   under the facts of this case, imposing an enhancement under Sec. 4A1.3 
   did not unfairly double count when an enhancement under Sec. 4B1.5(a) 
   had already been imposed. 
   [PUBLISHED] [Smith, with Lay and Riley, Circuit Judges]