UNITED STATES of America, Plaintiff-Appellee, v. Andy JARDINE, Defendant-Appellant, 406 F.3d 1261

ORDER ON REMAND TYMKOVICH, Circuit Judge. A jury convicted Andy Jardine of violating 18 U.S.C. § 922(g). The pre-sentence report (PSR) recommended several enhancements to Jardine’s sentence, to which he objected on factual and constitutional grounds. The district court overruled his objections and ultimately sentenced Jar-dine to 108 months imprisonment. Jardine fñed a timely appeal with this court alleging the sentence violated his constitutional rights. We affirmed Jar-dine’s sentence. See United States v. Jardine, 364 F.3d 1200 (10th Cir.2004).

Jardine then timely filed a petition for writ of certiorari with the Supreme Court of the United States asserting his sentence violated his constitutional rights. After the Court decided United States v. Booker, — U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), it granted the writ and remanded to this court for further consideration. See Jardine v. United States, — U.S. —, 125 S.Ct. 1024, 160 L.Ed.2d 1008 (2005). As a result, we requested supplemental briefing in light of Booker.

Jardine requests that we remand for re-sentencing and the government concedes the existence of constitutional error in this case and urges us to remand to the district court for re-sentencing in accordance with Booker. Accordingly, we REINSTATE our previous opinion except for the portion affirming Jardine’s sentence, and REMAND for re-sentencing in accordance with Booker. The mandate shall issue forthwith.