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

042505P.pdf   06/03/2005  USA  v.  Tracy Smith
   U.S. Court of Appeals Case No:  04-2505
   Western District of Arkansas   
   Criminal case - criminal law. Challenge that testimony was 
   inadmissible hearsay under Rule 801(d)(1(A) rejected; 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 lesser sentence under an advisory guidelines scheme. 
   [PUBLISHED] [Murphy, Author, with Loken, Chief Judge, and M. 
   Arnold, Circuit Judge]