United States v. Louis F. Pirani

This is not a plain error case—one in which the defendant failed to preserve a Sixth Amendment sentencing error.7 *556Rather, the defendant here preserved the error by way of objections he lodged with the district court. It follows that under United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we have no alternative but to remand this matter for resentencing under a regime that passes constitutional muster.

Louis F. Pirani, a former Crittenden County Sheriffs Deputy, was charged with and convicted of making false statements to federal authorities8 who were investigating…