DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

041882P.pdf   05/26/2005  United States  v.  Alfred James Clark
   U.S. Court of Appeals Case No:  04-1882
   District of Minnesota   
Criminal case - Criminal case. Batson challenge rejected; defendant's presence was not required at discussions concerning the district court's response to questions from the jury, and his absence did not violate Rule 43 or his Sixth Amendment rights; it was reasonable for police officers conducting a search of defendant's home to believe that his wife had authority to consent to a search of a closet attic; defendant failed to show a reasonable probability that the district court would have imposed a lesser sentence under an advisory guidelines scheme and he was not entitled to Booker relief under Pirani. [PUBLISHED] [Wollman, Author, with Lay and Colloton, Circuit Judges]