UNITED STATES of America, Plaintiff-Appellee, v. Thomas JOHNSON, Defendant-Appellant, 132 F. App'x 661

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.