042151P.pdf   08/02/2005  United States  v.  Darcy Jay Betterton
   U.S. Court of Appeals Case No:  04-2151
   Northern District of Iowa   
   [PUBLISHED] [Gruender, Author, with Bye and Hansen, Circuit 
   Judges] 
   Criminal case - Criminal law. District court did not err in admitting 
   evidence as it was validly seized in an inventory search; district court did 
   not err in admitting evidence of prior convictions as the convictions were 
   similar to the charges here and were not remote in time; applying Pirani's 
   plain error analysis, defendant was entitled to Booker relief as the record 
   demonstrated a reasonable probability that the district court would have 
   imposed a lesser sentence under an advisory guidelines scheme, and the 
   error called into question the fairness, integrity and public reputation of 
   the judicial proceedings. Judge Hansen, concurring in the result and 
   discussing cases interpreting the fourth prong of the plain error test.