Error in Criminal History Calc Held Harmless

U.S. v. Wilson, 2005 WL 1693999 (7/21/05) - Any error in the criminal history calculation was harmless since on remand the d.ct. had the authority to count the firearm offense as relevant conduct, rather than in the criminal history, as it did, resulting in the defendant's guideline range being even higher than it was. Given the speculative nature of the concerns expressed by the defendant, the d.ct. did not abuse its discretion in rejecting the defendant's request to defer paying his restitution until after he was released from prison. No constitutional Booker error occurred because the guideline calculation was based solely on the defendant's admissions. The non-constitutional Booker error did not warrant plain error reversal, where the d.ct. indicated it would have imposed a mid-gudeline-range sentence except for its desire to take account of pre-information confinement.