Harris: Invited Error to Sentence without record reasons

In U.S. v. Harris, no. 05-10160 (March 24, 2006), the Court affirmed an 80-month sentence following a guilty to a charge of possession with intent to distribute five or more grams of crack cocaine. The 80-month sentence was jointly recommended and imposed without the benefit of a presentence investigation report. The Court held that the district court failed to comply with Fed. R. Crim. P. 32 which allows for a sentencing without a PSI but which requires that the district court to explain on the record that the information in the record enables it to meaningfully exercise its sentencing discretion under 18 U.S.C. § 3553. Here, the district court merely stated that it was inclined to accept the recommended sentence. However, under the invited-error doctrine, the Court ruled that counsel for Harris waived the PSI and that the waiver invited any error that may have occurred.