Custer: Booker Error Preserved

In U.S. v. Custer, No. 04-14111 (April 13, 2005), the Court withdrew its earlier pre-Booker published opinion, and entered a decision holding, on harmless error review, that the district court erred under Booker when it imposed Guideline sentence enhancements on a defendant convicted of distribution of child pornography. The Court pointed out that the defendant’s plea agreement did not waive his right to assert a Booker challenge on appeal.