041338P.pdf   06/03/2005  USA  v.  Warren Babiar
   U.S. Court of Appeals Case No:  04-1338
   Southern District of Iowa   
   Criminal case - sentencing guidelines. Applying Pirani's plain error 
   analysis, defendant was not entitled to Booker relief as he could not 
   demonstrate the district court would have imposed a lesser sentence 
   under an advisory guidelines scheme. 
   [PUBLISHED] [Riley, Author, with M. Arnold and Bowman, Circuit Judges] 
  
041338P.pdf   11/29/2004  USA  v.  Warren Babiar
   U.S. Court of Appeals Case No:  04-1338
   Southern District of Iowa   
   Criminal case - Criminal law. Any Brady violation was remedied by the 
   grant of a new trial and provision of the evidence before the second trial 
   began; delay caused by the need for a second trial and the time defendant 
   spent in prison between the trials did not prejudice his right to a fair 
   trial and the time will be credited to his sentence; district court's jury 
   instruction explaining the facts leading to the second trial was accurate 
   and necessary and was not an abuse of the court's discretion. 
   [PUBLISHED] [Riley, Author, with M. Arnold and Bowman, Circuit Judges]