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.

043720P.pdf   08/16/2005  United States  v.  Serafin M. Davila
   U.S. Court of Appeals Case No:  04-3720
                          and No:  04-3939
   Northern District of Iowa   
   [PUBLISHED] [Riley, Author, with Bowman and Benton, Circuit 
   Judges] 
   Criminal case - Sentencing Guidelines. District court erred in 
   sentencing defendant without considering the Guidelines, and defendant 
   could not show that the error was harmless. Case remanded for further 
   sentencing proceedings under Booker; on remand, district court could 
   consider enhancements based on facts contained in the Pre-Sentence 
   report, as defendant did not object to the facts in the report, and they are 
   deemed admitted for sentencing purposes.