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041839P.pdf   08/17/2005  USA  v.  Michael Johnson
   U.S. Court of Appeals Case No:  04-1839
   Western District of Missouri   
   [PUBLISHED] [Gruender, Author, with Bye and Beam, Circuit Judges] 
   Criminal case - criminal law. Evidence was sufficient to support drug 
   and firearm convictions; conviction for tampering - Mo. Rev. Stat. 
   569.080.1(2)- was a violent felony for purposes of sentencing under 18 
   U.S.C. Sec. 924(e) and Guidelines Sec. 4B2.4(b)(3)(A); applying Pirani's 
   plain error analysis, defendant was not entitled to Booker relief as he 
   could not demonstrate a reasonable probability that the district court 
   would have imposed a lesser sentence under an advisory guidelines 
   scheme. Judge Bye, concurring in part and dissenting in part.