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042553P.pdf   07/06/2005  United States  v.  Marcus M. Thurmon
   U.S. Court of Appeals Case No:  04-2553
   Northern District of Iowa   
[PUBLISHED] [Bye, Author, with Hansen and Gruender, Circuit Judges] Criminal case - Criminal law. The district court did not err in denying defendant's motion for appointment of a voice recognition as there was no reasonable probability that the requested expert would have aided his defense or that it was necessary for a fair trial; 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 sentenced him to a lesser sentence under an advisory guidelines scheme.