United States v. Owen Robinson, A/K/A Heavy, United States of America v. Kendall Schuyler, A/K/A Sleepy, United States of America v. William M. Parros

While I concur in the judgment remanding this case for resentencing, I cannot concur in the majority’s reasoning in applying the harmless error standard.

Because the defendants were tried, convicted, and sentenced without preserving an Apprendi/Booker * Sixth Amendment error by making a timely objection at trial, see Fed.R.Crim.P. 51, they forfeited their objection except to the extent that they *561are able to persuade us to review the error under the plain error doctrine, see United States v. Olano, 507 U.S. 725, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). In Olano, the Supreme Court noted:

No…