Legal Opinion
United States v. Louis F. Pirani
Court of Appeals for the Eighth Circuit
Decided April 29, 2005No. 03-2871PublishedCited by 780 opinions
1Opinion of the Court
LOKEN, Chief Judge.
In this case, we apply the Supreme Court’s recent decision in United States v. Booker, 543 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to a sentencing error that defendant Louis F. Pirani failed to preserve in the district court. Having carefully considered the divergent analyses of our sister circuits, we follow decisions of the First, Fifth, and Eleventh circuits1 in holding that a remand for resentencing is not required unless the defendant meets his burden to demonstrate plain error prejudice under controlling Supreme Court precedents, that is, a “reasonable…
2Cases cited31 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. OlanoSupreme Court of the United States · 1993
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Johnson v. United StatesSupreme Court of the United States · 1997
- United States v. CottonSupreme Court of the United States · 2002
26 more not listed; retrieve them via the Exa API.
3Cited by780 opinions
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
- Sun Bear v. United StatesCourt of Appeals for the Eighth Circuit · 2011
- United States v. MillerCourt of Appeals for the Eighth Circuit · 2009
- United States v. Darwin G. RiceCourt of Appeals for the Eighth Circuit · 2006
- United States v. BridgesCourt of Appeals for the Eighth Circuit · 2009
775 more not listed; retrieve them via the Exa API.