United States v. Stevens, Keith A.

UNPUBLISHED ORDER Not to be cited per Circuit Rule 53 flflniteh grates Qtnurt of gppeals For the Seventh Circuit Chicago, Illinois 60604 Submitted August 81, 2005* Decided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).