configured to record a keystroke only if all the computer's communications ports were inactive did not entail interception of a communication); United States v. Ropp, 347 F.Supp.2d 831, 837-38 (C.D.Cal.2004) (Wiretap Act's definition of electronic communications applies only to data that is in fact being transmitted beyond a local computer by a system that affects interstate commerce). 26 . See Williams v. United States, 503 U.S. 193, 203, 112 S.Ct. 1112, 117 L.Ed.2d 341 (1992) (stating that misapplication of the Guideline requires remand "unless the reviewing court concludes, on the record as a whole, that the error was harmless, i.e., that the error did not affect the district court’s selection of the sentence imposed."); United States v. Kendrick, 22 F.3d 1066, 1068 (11th Cir. 1994) (<HOLDING>)(quoting United States v. Jones, 1 F.3d 1167,
recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed holding that an incorrect guidelines calculation generally requires a remand for resentencing unless we conclude on the record as a whole  that the error did not affect the district courts selection of the sentence imposed citation omitted holding that where a district court clearly indicates that an alternative sentence would be identical to the sentence imposed under the guidelines any error that may attach to a defendants sentence under booker is harmless recognizing that the sentence imposed should be consistent with the protection of the public