United States v. Bernard

Eleventh Circuit

United States v. Bernard

144 F. App'x 855

Court of Appeals for the Eleventh Circuit·Decided September 23, 2005·No. No. 04-13894·Published

Opinion

PER CURIAM.

Having reviewed the evidence and considered argument of counsel, we find no reversible error as to the conviction in this case. Accordingly, Jacky Bernard’s conviction is affirmed. However, the government concedes there was error in sentencing and accordingly we vacate the sentence and remand for resentencing in light of [856]*856United States v. Booker, 548 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

AFFIRMED IN PART, VACATED AND REMANDED IN PART.

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PER CURIAM.

Having reviewed the evidence and considered argument of counsel, we find no reversible error as to the conviction in this case. Accordingly, Jacky Bernard’s conviction is affirmed. However, the government concedes there was error in sentencing and accordingly we vacate the sentence and remand for resentencing in light of [856]*856United States v. Booker, 548 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

AFFIRMED IN PART, VACATED AND REMANDED IN PART.

United States v. Bernard, 144 F. App'x 855 (11th Cir. 2005).

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Opinion

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