042587P.pdf   07/18/2005  United States  v.  Douglas G. Radtke
   U.S. Court of Appeals Case No:  04-2587
                          and No:  04-2611
                          and No:  04-2593
   District of Minnesota   
   [PUBLISHED] [Colloton, Author, with Wollman and Lay, Circuit 
   Judges] 
   Criminal case - criminal law. Evidence was sufficient to support 
   convictions for conspiracy, mail fraud, filing false tax returns, and failing 
   to collect and pay payroll taxes; district court did not err in refusing to 
   admit evidence that defendant filed an amended tax return after he was 
   indicted, as the evidence was of minimal probative value as to 
   defendant's state of mind at the time he filed the false return; district 
   court did not err in calculating the amount of the loss caused by the 
   scheme; district court did not err in imposing a leadership enhancement 
   based on defendant Radtke's role in the offense; applying Pirani's plain 
   error analysis, defendants were not entitled to Booker relief as they failed 
   to show a reasonable probability that the district court would have 
   imposed lesser sentences under an advisory guidelines scheme. Judge 
   Lay, concurring in part and dissenting in part.