United States v. Stevens, Keith A.

• Court: Court of Appeals for the Seventh Circuit
• Decided: October 6, 2005
• Docket: 04-4339
• Status: Unpublished

Opinion

UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

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For the Seventh Circuit Chicago, Illinois 60604

Submitted August 81, 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. 04-4389 UNITED STATES OF AMERICA, Appeal from the United States Plaintiff-Appellee District Court for the Western District of Wisconsin v.

No. O4-CR-111-C KEITH A. STEVENS, Defendant-Appellant. 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. 788 (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, 408 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).

No. 04—4339 Page 2 849, 854 (7 th 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 ofBooker. See United States U. Goldberg, 406 F.3d 891, 894-95 (7th Cir. 2005).