073535P.pdf   08/13/2008  United States  v.  Joshua Howe
   U.S. Court of Appeals Case No:  07-3535
                          and No:  07-3536
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Gruender, Author, with Smith and Bowman, Circuit Judges]
   Criminal case - criminal law and sentencing. Challenge to admission of
   an exhibit rejected; district court did not err in admitting evidence
   that defendant had committed prior drug robberies in a similar manner;
   government's closing argument did not constitute a variance from the
   indictment; evidence was sufficient to support firearm conviction;
   district court's dismissal of entire indictment was a correctable
   oversight; no error in applying cross reference in Guidelines Sec.
   2K2.1(c); district court committed no procedural error when it sentenced
   defendant to 120 months for his firearm offense and a consecutive 60
   months for escape; even if the district court applied an improper
   presumption of reasonableness to the advisory guidelines range, the error
   did not affect defendant's substantial rights as there was nothing in the
   record to suggest the district court would have imposed a lesser sentence
   in the absence of the presumption.