Chicago, Illinois 60604 Submitted August 31, 2005 Decided October 6, 2005 Before… v. Keith A. Stevens

# UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604

Submitted August 31, 2005*
Decided October 6, 2005

Before

Hon. RICHARD D. CUDAHY, Circuit Judge

Hon. DANIEL A. MANION, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge

No. 04-4339

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Appeal from the United States
District Court for the Western District
of Wisconsin

v.
KEITH A. STEVENS,
Defendant-Appellant.

No. 04-CR-111-C

Barbara B. Crabb,
Chief Judge.

## ORDER

Keith Stevens pleaded guilty to Count 6 of a nine-count superceding
indictment, which charged him with distributing cocaine in violation of 21 U.S.C.
§ 841(a)(1). Relying on a career-offender recommendation and other guidelines-
based findings, the district court sentenced Stevens as a career offender to 151
months' imprisonment, the low-end of the applicable guideline range. Stevens now
argues under United States v. Booker, 125 S. Ct. 738 (2005), that the district court
improperly treated the sentencing guidelines as mandatory and that this court
should remand the case for resentencing. See United States v. Schlifer, 403 F.3d

After an examination of the briefs and the record, we have concluded that
oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the
record. See Fed. R. App. P. 34(a)(2).

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No. 04-4339

849, 854 (7th Cir. 2005). The government concedes that Stevens preserved his
Booker objection and that the case should be remanded for resentencing.
Accordingly, we VACATE Stevens's sentence and REMAND for full resentencing in
light of Booker. See United States v. Goldberg, 406 F.3d 891, 894-95 (7th Cir.
2005).