Whether the district court's improper designation of the petitioner as a career offender was harmless error and whether the court of appeals improperly affirmed this error

Questions Presented I. The district court improperly designated Mr. Butler as a career offender, and this was not harmless error. The district court made a rote, less than one sentence, statement that it would vary upward and sentence Mr. Butler the same regardless of his career offender designation. Was the district court’s improper designation of Mr. Butler harmless error and did the Court of Appeals improperly affirm? II. The district court applied a four-level enhancement for leadership. This was applied despite insufficient findings to support the enhancement. Did the district court improperly apply the enhancement and did the Court of Appeals improperly affirm? |