072402P.pdf   07/28/2008  United States  v.  Stephen M. Farish
   U.S. Court of Appeals Case No:  07-2402
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Gruender, Author, with Melloy and Shepherd, Circuit Judges]
   Criminal case - criminal law and sentencing. Evidence concerning
   defendant's acts of domestic violence was properly admitted as it was
   necessary to explain his motive for the acts of arson, and the value
   of the evidence outweighed any unfair prejudice; no error in jury
   instructions on conspiracy, as the instructions did not constructively
   amend the indictment, constitute a variance or even constitute plain
   error; district court did not commit plain error by finding that defendant
   knowingly created a substantial risk of death or serious bodily injury
   and did not err in applying Guidelines Sec. 2K1.4(a)(1) to defendant's
   base offense level; restitution award vacated in part. Judge Melloy,
   concurring, but finding that admission of the domestic violence evidence
   was error (but harmless in the light of the strength of the government's
   case). Judge Shepherd, concurring in part and dissenting in part (on the
   question of vacating the restitution award).