041601P.pdf   06/20/2005  United States  v.  Alonzo Ellerman
   U.S. Court of Appeals Case No:  04-1601
   Western District of Missouri   
   [PUBLISHED] [Smith, Author, with Wollman and M. Arnold, Circuit Judges] 
   Criminal case - criminal law. Government had no cooperation 
   agreement with defendant, and it was not barred from indicting him or 
   using evidence he provided; court did not err in refusing to give 
   defendant's proposed multiple conspiracy instruction as the instruction 
   was not supported by the evidence; nor did the court err in refusing 
   defendant's proposed instruction regarding his being an addict and not a 
   drug dealer; district court did not err in sentencing defendant as a career 
   offender or in imposing an enhancement for obstruction of justice 
   (interfering with the investigation by revealing an officer's identity); 
   applying the Pirani plain error analysis, defendant was not entitled to 
   Booker relief because he failed to demonstrate a reasonable probability 
   that the district court would have imposed a lesser sentence under an 
   advisory guidelines scheme.