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United States v. Harris, 4th Cir. (2006)
United States v. Harris, 4th Cir. (2006)
United States v. Harris, 4th Cir. (2006)
No. 04-4011
Submitted:
Decided:
PER CURIAM:
Robert Alton Harris appeals the forty-one month sentence
imposed
following
guilty
plea
for
sending
threatening
See United
States
30,
v.
Harris,
No.
04-4011
(4th
Cir.
July
2004)
The
As set forth in
United States v. Olano, 507 U.S. 725, 732 (1993), plain error is
present if:
If these conditions
are met, we may then exercise our discretion to notice the error,
but only if it seriously affects the fairness, integrity or public
reputation of judicial proceedings. Id. (internal quotation marks
- 2 -
Although we held in
United States v. White, 405 F.3d 208, 216-17 (4th Cir.), cert.
denied, 126 S. Ct. 668 (2005), that treating the guidelines as
mandatory
constitutes
plain
error,
our
review
of
the
record
that
the
error
in
him
under
- 3 -
Third,
affirm
Harris
Id. at 548-49.
sentence
despite
the
error
would
to
be
treated
as
advisory
(rather
than
mandatory),
and
- 4 -
1999).
The
burden
preponderance
adjustment.
of
is
the
on
the
evidence
defendant
that
he
to
is
establish
entitled
by
to
the
See
engages
responsibility.
in
Id.
conduct
inconsistent
with
acceptance
of
- 5 -