Harris: Waiver of PSI invited error

In U.S. v. Harris, No. 05-10160 (March 24, 2006), the Court held that the failure of the district court to satisfy Fed. R. Crim. P. 32(c)(1)(A)(ii) in not inquiring whether the informatoin in the record allwed the court to exercise its sentencing authority in imposing an 80-month sentence did not constitute reversible error. The Court noted that the defendant’s counsel answered "yes, your honor," when asked if Harris was waiving his right to a PSI and willing to proceed to sentencing. This constituted "invited error," and meant there was no reversible error.