042563P.pdf   09/13/2005  USA  v.  Jack Wayne Rogers
   U.S. Court of Appeals Case No:  04-2563
   Western District of Missouri   
   [PUBLISHED] [Loken, Author, with Fagg and Bye, Circuit Judges] 
   Criminal case - Sentencing Guidelines. Guilty plea waived defendant's 
   Sixth Amendment rights under Booker; applying Pirani's plain error 
   analysis, defendant was not entitled to Booker relief as nothing in the 
   record demonstrated a reasonable probability that the district court would 
   have imposed a lesser sentence under an advisory guidelines scheme; 
   district court's statements in open court and its written judgment 
   adequately set out the ground for imposition of a sentence outside the 
   guidelines sentencing range; district court did not misapply the guidelines 
   in imposing an extreme upward departure based on defendant's heinous 
   conduct and the physical injury he inflicted on the adult victims of his 
   gender nullification procedures; the conduct of performing dangerous 
   genital removals in a motel room was sufficiently related to defendant's 
   child pornography conviction to serve as the basis for the upward 
   departure; extent of departure was not unreasonable given defendant's 
   brutal, cruel and degrading conduct and his publication of the gruesome 
   acts on the Internet; case remanded for a modification of the judgment 
   consistent with Guidelines Part 5G (2002).