042028P.pdf   07/20/2005  United States  v.  Arlene Marie Frokjer
   U.S. Court of Appeals Case No:  04-2028
   District of Minnesota   
   [PUBLISHED] Colloton, Author, with Wollman and Lay, Circuit 
   Judges] 
   Criminal case - criminal law. Evidence was sufficient to support 
   convictions for making false statements to obtain workers' compensation; 
   where the district court did not rule on defendant's motion in limine to 
   exclude a surveillance videotape, her failure to object to its admission at 
   trial constituted a waiver of the issue, and the claim can only be reviewed 
   for plain error; admission of the tape, which contained a composite of 
   surveillance video and defendant's recorded statements claiming 
   disability, was not plain error; prosecutor's statements characterizing 
   defendant's testimony were not improper; district court's discretionary 
   refusal to grant a downward departure is unreviewable; applying Pirani's 
   plain error analysis, defendant was not entitled to Booker relief as she 
   failed to demonstrate a reasonable probability that the district court would 
   have imposed a lesser sentence under an advisory guidelines scheme; 15- 
   month sentence was not unreasonable with regard to the factors set out in 
   18 U.S.C. Sec. 3553(a).