8th Circuit decides Pirani plain error en banc

I just got the word that late today the Eighth Circuit released its long-awaited plain error decision in US v. Pirani, No. 03-2871 (8th Cir. Apr. 29, 2005) (available here).  I suppose I should be thankful it is only 36 pages, and I am thankful the 8th Circuit’s website has this summary:

Applying Booker to a sentencing error which defendant failed to preserve in the district court, the court en banc follows the decisions of the First, Fourth, Fifth, and Eleventh Circuits 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 probability” that the district court would have imposed a more favorable sentence under the advisory guidelines regime mandated under Booker