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.

043213P.pdf   05/31/2005  United States  v.  Lathan Barnett
   U.S. Court of Appeals Case No:  04-3213
   Northern District of Iowa   
   Criminal Case - sentencing. Following state conviction for involuntary 
   manslaughter, defendant was convicted of federal firearm charges. 
   Government appeals sentence running section 924(c) concurrent with 
   state sentence; claim is reviewed for plain error and error is plain under 
   statute forbidding 924(c) conviction to run concurrently. District court's 
   rejection of guidelines under the then prevailing Mooney case was error 
   and grave doubt exists whether district court would have sentenced 
   defendant differently had it been aware of its duty to consult the 
   Guidelines. Sentence is reversed and remanded. [PUBLISHED] 
   [Wollman, Author, with Bowman and Colloton, Circuit Judges]