Whether Apprendi error at sentencing is harmless based on the entire record or only whether the sentence exceeded the statutory maximum

QUESTION PRESENTED Under Apprendi v. New Jersey 530 U.S. 466 (2000), it violates the Sixth Amendment to sentence a defendant to a higher statutory maximum term based on facts found by the sentencing court that were neither alleged in the indictment nor found by a jury beyond a reasonable doubt. The circuits are split on the standard for reviewing the harmlessness of Apprendi error at sentencing. The question presented is whether review is for whether the sentence was greater than authorized absent the error or whether review is of the entire record, as permitted for trial error, to determine whether the result would have been the same absent the error. i