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041598P.pdf   07/13/2005  USA  v.  Carl Whipple
   U.S. Court of Appeals Case No:  04-1598
                          and No:  04-1750
   Eastern District of Missouri   
[PUBLISHED] [M. Arnold, Author, with Bowman and Riley, Circuit Judges] Criminal case - criminal law. Evidence was sufficient to support conspiracy conviction; applying Pirani's plain error analysis, defendant was entitled to Booker relief as it was clear the district court believed its hands were tied by the mandatory guidelines scheme, and that it would have imposed a lesser sentence under an advisory guidelines scheme.