United States v. Johnson

Order

The United States has confessed error in this appeal, in light of United States v. Booker, —- U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (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.