CA8 (8.3.05)

Only two opinions from the Eighth Circuit today - one of which is a published criminal law/sentencing opinion.

 

8/03/05 USA v. S. Galaviz-Luna
Opinion
U.S. Court of Appeals
Case No. 04-1156
District of Nebraska
[PUBLISHED] [Riley, Author, with Bye and Lay, Circuit Judges] Criminal case - Criminal law. Evidence was sufficient to support conviction for conspiring to distribute methamphetamine; district court did not clearly err in imposing a two-level enhancement for obstruction of justice based on defendant's perjury; applying Pirani's plain error analysis, defendant was not entitled to Booker relief because he could not demonstrate a reasonable probability that the district court would have imposed a lesser sentence under an advisory guidelines scheme.

 

08/03/05 United States v. Michael W. Warner
Opinion
U.S. Court of Appeals
Case No. 04-2885
Eastern District of Arkansas
[UNPUBLISHED] [Per Curiam - Bye, McMillian and Riley, Circuit Judges] Criminal case - criminal law. District court did not err in denying defendant's motions for appointment of new counsel, to withdraw his guilty plea and to continue sentencing; defendant qualified for sentencing as a career offender.