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043350P.pdf   08/02/2005  United States  v.  Joab J. Garcia
   U.S. Court of Appeals Case No:  04-3350
   District of Nebraska   
   [PUBLISHED] [Melloy, Author, with Bye and Heaney, Circuit Judges] 
   Criminal case - Sentencing Guidelines. Applying Pirani's plain error 
   analysis, defendant was not entitled to Booker relief as he failed to 
   demonstrate a reasonable probability that the district court would have 
   imposed a lesser sentence under an advisory guidelines scheme. Judge 
   Heaney, with Judge Bye, concurring.