GOLDBERG, Judge, concurring.
Shawn Richard Anderson petitions for rehearing by the panel, arguing that "an analysis of the evidence for purposes of whether the Apprendi error was harmless must be based on evidence that was presented to the jury." See Appellant's Petition for Rehearing at 6. Mr. Anderson cites no authority for this assertion, however, and I do not believe it is legally correct. In cases such as this one, where the district court has erred...
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