042042P.pdf   06/03/2005  United States  v.  Travis Ziesman
   U.S. Court of Appeals Case No:  04-2042
   Northern District of Iowa   
   Criminal case - Criminal law. Evidence was sufficient to support 
   conviction for manufacturing methamphetamine and for making a false 
   statement to a federal officer; district court did not err in denying motion 
   to dismiss second superseding indictment as defendant failed to prove the 
   indictment was issued out of prejudice or bias; defendant was not entitled 
   to an instruction on the lesser-included offense of possession of 
   methamphetamine; district court did not abuse its discretion in denying 
   defendant's request to recuse the prosecutor so that he could be called as 
   a witness; no error in allowing testimony by defendant's former attorney; 
   evidence of defendant's participation in other meth distribution was 
   admissible evidence of past crimes; admission of redacted lab reports was 
   not error; claim of prosecutorial misconduct rejected; drug quantity 
   findings were based on testimony produced at trial and were not 
   erroneous; no error in imposing an enhancement for a supervisory role in 
   the offense; no error in imposing an obstruction of justice enhancement; 
   district court did not err in refusing to review the government's refusal to 
   make a 5K1.1 substantial assistance motion because defendant failed to 
   make a substantial threshold showing of an improper motive; applying 
   Pirani's plain error analysis, defendant was not entitled to Booker relief 
   as he failed to demonstrate a reasonable probability that the district court 
   would have imposed a