DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043101P.pdf 11/25/2005 USA v. John A. Schafer
U.S. Court of Appeals Case No: 04-3101
Western District of Missouri
[PUBLISHED] [Loken, Author, with Beam and Melloy, Circuit Judges]
Criminal case - Sentencing Guidelines. District court did not base five-
level enhancement under Sec. 2G2.2(b)(4) on either state court conviction
or the offense underlying that conviction, and the district court did not
abuse its discretion in making defendant's federal sentence consecutive to
his state sentence under Sec. 5G1.3(c); Booker error was harmless as
there was nothing in the record to suggest district court would have
imposed a lesser sentence under an advisory guidelines scheme; 137-
month sentence was not unreasonable given defendant's decades of abuse
of his children, grandchildren, and others; his extensive collection of
adult and child pornography; and the evidence that he distributed child
pornography on the Internet.