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.

043740P.pdf   07/28/2005  USA  v.  M. H. Michel-Galaviz
   U.S. Court of Appeals Case No:  04-3740
   Northern District of Iowa   
   [PUBLISHED] [Benton, Author, with Riley and Bowman, Circuit 
   Judges] 
   Criminal case - criminal law. District court did not abuse its discretion 
   in denying defendant's motion to strike surplusage from the indictment; 
   nor did the court abuse its discretion in refusing his attempted plea to 
   possession of a lesser amount of drugs; applying Pirani's plain error 
   analysis, defendant is entitled to Booker relief as the record demonstrates 
   the district court would have imposed a lesser sentence under an advisory 
   guidelines scheme.