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United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted May 18, 2005
Decided May 19, 2005
Before
Hon. JOEL M. FLAUM, Chief Judge
Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
No. 04-1425 v.
THOMAS JOHNSON,
Defendant-Appellant.
Appeal from the United
States District Court
for the Northern
District of Illinois,
Eastern Division.
No. 99 CR 785-1
David H. Coar,
Judge.
Order
The United States has confessed error in this appeal, in
light of
United States v. Booker, 125 S. Ct. 738 (2005).
Moreover, the United States concedes that (a) the issue was
preserved in the district court, and (b) the error is not
harmless. Accordingly, the sentence is vacated, and the case is
remanded for resentencing consistent with the remedial procedure
laid out in
Booker.
UNPUBLISHED ORDER
Not to be cited per Circuit Rule 53
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