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U.S. v. OLLSON

No. 04-1481.

413 F.3d 1119 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Shane Edward OLLSON, Defendant Appellant.

United States Court of Appeals, Tenth Circuit.

June 22, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:* Raymond P. Moore, Federal Public Defender, and Janine Yunker, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

William J. Leone, Acting United States Attorney, and Jerry N. Jones, Assistant United States Attorney, Denver, CO, for Plaintiff-Appellee.

Before SEYMOUR, HARTZ, and McCONNELL, Circuit Judges.

HARTZ, Circuit Judge.

Defendant Shane Edward Ollson was sentenced before the Supreme Court handed down United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The district court consequently sentenced him under the mistaken impression that the Sentencing Guidelines are, in general, mandatory rather than advisory. We hold that the error was harmless, however, because the record clearly shows that Defendant's

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