Error to Consider Prior An Agg Felony, But Harmless

U.S. v. Gonzalez-Coronado, -- F.3d --, 2005 WL 1941631 (8/15/05) - The district court erred in treating Mr. Gonzalez's Kansas felony conviction as an aggravated felony under 8 U.S.C. § 1326(b)(2), given the sentence of probation imposed by the state court, but the COA decides the error was harmless because he got a 37-month sentence when he could have properly received up to ten years. The plain error standard was not met for the non-constitutional Booker error of treating the GLs as mandatory.