United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 04-3044 ___________ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Frank Robinson, * Western District of Missouri * Appellant. * [UNPUBLISHED] ___________ Submitted: May 13, 2005 Filed: July 15, 2005 ___________ Before MELLOY, McMILLIAN, and GRUENDER, Circuit Judges. ___________ PER CURIAM.

Frank Robinson appeals the 84-month prison sentence the district court imposed after he pleaded guilty to being a felon in possession of a firearm. Robinson preserved at sentencing the question of the constitutionality of the federal Sentencing Guidelines after Blakely v. Washington, 124 S. Ct. 2531 (2004). For purposes of our analysis we assume that this case does not raise a Sixth Amendment issue, and we thus review for harmless error. See United States v. Booker, 125 S. Ct. 738, 769 (2005). It is clear from the sentencing transcript that the district court made a conscious decision to sentence Robinson at the bottom of the Guidelines range, commenting that it felt even this sentence was too harsh. Given this record, we are left with “grave doubt” that the error of sentencing Robinson under a mandatory Guidelines scheme was harmless. See United States v. Haidley, 400 F.3d 642, 645 (8th Cir. 2005). Accordingly, we remand for resentencing. ______________________________

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