041854P.pdf   08/05/2005  United States  v.  Gary Allen Reichow
   U.S. Court of Appeals Case No:  04-1854
   District of Minnesota   
   [PUBLISHED] [Smith, Author, with Beam and Benton, Circuit Judges] 
   Criminal case - Sentencing Guidelines. For the purposes of the 
   Mandatory Victims Restitution Act, damage and injures caused by 
   defendant's escape from a bank robbery occurred during the robbery and 
   were covered by the Act; in the absence of any physical injury, the district 
   court erred in ordering defendant to make restitution for the cost of the 
   bank employees' psychological counseling; district court did not err in 
   imposing official victim enhancements under Sec. 2B3.1(b)(3)(A) and 
   2B3.1(b)(7); applying Pirani, defendant was not entitled to Booker relief 
   as the record did not demonstrate a reasonable probability that the district 
   court would have imposed a lesser sentence under an advisory guidelines 
   scheme.