DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041727P.pdf 06/02/2005 USA v. Justin Ingles
U.S. Court of Appeals Case No: 04-1727
Northern District of Iowa
Criminal case - Sentencing Guidelines. District court did not err in
imposing a Sec. 2D1.1.(b)(1) enhancement based on its finding defendant
possessed a firearm during the commission of his drug offense; district
court did not err in determining when drug offense commenced in
connection with calculating defendant's criminal history category;
applying Pirani's plain error analysis, defendant was not entitled to relief
under Booker because he failed to meet his burden of demonstrating a
reasonable probability that he would have received a lesser sentence
under an advisory guidelines scheme.
[PUBLISHED] [Loken, Author, with M. Arnold and Riley, Circuit Judges]