concurring in part and dissenting in part:
I concur in the majority’s decision to vacate Lee Milam’s sentence and to remand his case for resentencing. However, I dissent from the majority’s decision to vacate Jason Milam’s sentence.
It is clear that an admission by a defendant can support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict. See United States v. Booker, 543 U.S. 220, 244, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Although other circuits have found that a defendant’s failure to object to the presentence report (“PSR”) alone constitutes an admission for Booker purposes, see, e.g., United States v. Gibson, 434 F.3d 1234, 1251 (11th Cir.2006); United States v. McCully, 407 F.3d 931, 933 (8th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 305, 163 L.Ed.2d 264 (2005), I do not believe that we need to decide that specific issue.
Here, the PSR expressly noted that Jason “admitted” to purchasing the relevant quantity of drugs. See J.A. 130. At the beginning of the sentencing hearing, in response to the district court’s inquiry, Jason stated that he had read the PSR, discussed it with his attorney, and understood its contents. See J.A. 92. Before adopting the PSR, the district court asked whether Jason had any objections. Although Jason’s counsel noted an objection *389to the district court’s denial of a credit for acceptance of responsibility, he affirmatively represented that Jason had no additional objections. See J.A. 99. Further, after the district court stated its finding of the amount of drugs attributable to Jason (which is the amount in the PSR), the district court inquired whether Jason or his attorney wished to comment on the guideline calculation; Jason’s attorney answered in the negative. See J.A. 102.
Under these circumstances, where the PSR expressly stated that Jason had admitted to the drug amount and Jason expressly stated that he did not object to the PSR, I believe that Jason admitted the drug amount for Booker purposes. Therefore, I would affirm Jason’s sentence.