Conlan Decision Reissued

U.S. v. Conlan, --- F.3d ----, 2007 WL 2538047 (10th Cir. Sept. 6, 2007).

Re-issued opinion, this time without the Begay reference (that because the Defendant in Begay would not have been able to anticipate the district court's sentencing error in applying the presumption of reasonableness, the sentencing court’s error was reviewed for harmless, not plain, error.) It is not a particularly important change. Begay was premised on Bartsma that was overruled in Atencio. While Bartsma still applies to any pre-Atencio sentencing appeals, there are not many of them left.