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.

052124P.pdf   06/27/2006  United States  v.  Rommel Smith
   U.S. Court of Appeals Case No:  05-2124
                          and No:  05-2126
   District of Nebraska   
   [PUBLISHED] [Bye, Author, with Heaney and Colloton, Circuit Judges]
   Criminal case - Criminal law and Sentencing. No reversible error in
   district court's instructions concerning the crime of conspiracy; evidence
   was sufficient to support conspiracy conviction; evidence at trial did not
   vary from the conspiracy charged in the indictment; district court erred in
   not considering whether to impose an obstruction of justice enhancement,
   as the court may not refuse to consider enhancements solely on the
   ground they were not found by a jury; case remanded to permit the court
   to make a factual inquiry and analysis as to whether defendant obstructed
   justice by perjuring himself.