United States v. Johnson, Thomas

Opinion

UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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, Appeal from the United Plaintiff-Appellee, States District Court for the Northern No. 04-1425 v. District of Illinois, Eastern Division. THOMAS JOHNSON, Defendant-Appellant. 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.