041972P.pdf   07/06/2005  United States  v.  S. Killingsworth
   U.S. Court of Appeals Case No:  04-1972
                          and No:  04-1973
   District of Minnesota   
   [PUBLISHED] [M. Arnold , Author, with Loken, Chief Judge, and 
   Riley, Circuit Judge] 
   Criminal case - Sentencing Guidelines. District court had sufficient 
   evidence to support its findings concerning defendant Killingsworth's 
   other relevant conduct; applying Pirani's plain error analysis, defendant 
   Killingsworth was not entitled to Booker relief as he could not 
   demonstrate a reasonable probability the district court would have 
   sentenced him to a lesser sentence absent the Booker error; fact that he 
   was exposed to judicial fact-finding concerning drug quantity did not 
   invalidate defendant Williams's guilty plea; district court did not err in 
   imposing obstruction-of-justice enhancement against Williams, nor did 
   the court err in denying his request for a two-level reduction for 
   acceptance of responsibility; defendant Williams was entitled to Booker 
   relief based on the district court's sentencing comments which indicated 
   the court felt its hands were tied by the mandatory guidelines scheme.