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.

051148P.pdf   08/10/2005  USA  v.  Charles T. Andreano
   U.S. Court of Appeals Case No:  05-1148
   Southern District of Iowa   
   [PUBLISHED] [Bye, Author, with Murphy and Smith, Circuit Judges] 
   Criminal case - Sentencing Guidelines. Defendant waived his right to 
   raise Speedy Trial Act claim in his plea agreement; conduct in a 
   dismissed count may still be considered for sentencing purposes; 
   discretionary denial of a downward motion for departure is unreviewable 
   when the district court recognizes its authority to depart; applying 
   Pirani's plain error analysis, defendant was not entitled to Booker relief 
   as he could not demonstrate a reasonable probability that the district court 
   would have imposed a lesser sentence under an advisory guidelines 
   scheme.