Court of Appeals for the Ninth Circuit March 10, 2000, 98-50589 (United States v. Omar Castillo-Casiano)

ORDER

The opinion filed December 28, 1999 [198 F.3d 787] is amended as follows:

1. On slip opinion page 14988, line 11 [198 F.3d at 791], add the following footnote after the sentence that ends “we may only determine whether the facts could possibly support such a departure:”

This standard for determining whether the error was harmless applies in both plain error and harmless error cases, because