UNITED STATES of America, Plaintiff-Appellee, v. Jacky BERNARD, Defendant-Appellant, 144 F. App'x 855

PER CURIAM. Having reviewed the evidence and considered argument of counsel, we find no reversible error as to the conviction in this case. Accordingly, Jacky Bernard’s conviction is affirmed. However, the government concedes there was error in sentencing and accordingly we vacate the sentence and remand for resentencing in light of United States v. Booker, 548 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). AFFIRMED IN PART, VACATED AND REMANDED IN PART.