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

042199P.pdf   09/13/2005  United States  v.  Wayne Lee Lussier
   U.S. Court of Appeals Case No:  04-2199
   District of Minnesota   
[PUBLISHED] [Smith, Circuit Judge, Beam and Benton, Circuit Judges] Criminal case - criminal law. Prospective juror's comments on defense witness's reputation were not highly inflammatory, and trial judge's curative instruction was sufficient to address the situation; district court did not err in denying defendant's request for a downward departure under Guidelines Sec. 2K2.1(b)(2); applying Pirani' plain error analysis, defendant was not entitled to Booker relief, as he could not demonstrate a reasonable probability that the district court would have imposed a lesser sentence under an advisory guidelines scheme. 042199P.pdf 02/17/2005 United States v. Wayne Lee Lussier U.S. Court of Appeals Case No: 04-2199 District of Minnesota