042497P.pdf   01/31/2006  United States  v.  Howard Eugene Liner
   U.S. Court of Appeals Case No:  04-2497
   District of Minnesota   
   [PUBLISHED] [Wollman, Author, with Lay and Melloy, Circuit Judges]
   Criminal case - Criminal law and Sentencing. District court did not
   abuse its discretion in denying defendant's motion for transmittal of
   letters rogatory to depose a foreign citizen as defendant failed to show the
   testimony was material; district court did not err in admitting expert
   testimony from an FBI agent as the testimony did not directly address
   defendant's intent to defraud and did not invade the province of the jury;
   evidence was sufficient to support convictions for making false
   statements, wire fraud and money laundering; applying Pirani's plain
   error analysis, defendant was not entitled to Booker relief as he failed to
   show a reasonable probability that the district court would have imposed
   a lesser sentence under an advisory guidelines scheme; order awarding
   restitution to victims not specified in indictment was proper as the
   indictment detailed a broad scheme encompassing transactions beyond
   those alleged in the counts.