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.

042935P.pdf   04/11/2005  United States  v.  Dennis Marcussen
   U.S. Court of Appeals Case No:  04-2935
   Northern District of Iowa   
   Criminal case - Sentencing. Government was not required to plead and 
   prove beyond a reasonable doubt the prior convictions upon which 
   defendant's status as a career offender was based; sentencing court, not 
   the jury, must determine whether prior convictions qualify as violent 
   felonies; sentencing defendant under the mandatory Guidelines scheme 
   was error in light of Booker, but the error was harmless and his sentence 
   was reasonable. 
   [PUBLISHED] [Bowman, Author, with M. Arnold and Gruender, Circuit Judges]