No. 02-1412. Submitted: June 14, 2002. Filed: August 30, 2002. Rehearing and Rehearing En Banc Denied: October 28, 2002. Appeal from the United States District Court for the District of Nebraska, Richard G. Kopf, Chief District Judge. John M. Lefler, Lincoln, NE, for appellant. Nancy A. Svoboda, Asst. U.S. Atty., Omaha, NE, for appellee. Before: RILEY, BEAM, and MELLOY, Circuit Judges. MELLOY, Circuit Judge. Lynn J. Replogle, having entered a conditional guilty plea and having received sentence,