042412P.pdf   06/14/2005  United States  v.  Hector Diego Paz
   U.S. Court of Appeals Case No:  04-2412
   District of South Dakota   
   [PUBLISHED] [Gruender, Author, with M. Arnold and Bowman, 
   Circuit Judges] 
   Criminal case - Sentencing Guidelines. District court did not engage in 
   fact finding prohibited by Booker; applying Pirani's 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; the written statement of 
   reasons for an upward departure could have been more specific, but it 
   was adequate to inform the parties, the court of appeals and the 
   Sentencing Commission of the court's reasons and did not provide a basis 
   for reversal.