[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
November 2, 2005
No. 05-10241 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 04-80042-CR-DTKH
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH CASEY,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(November 2, 2005)
Before TJOFLAT, CARNES and PRYOR, Circuit Judges.
PER CURIAM:
Joseph Casey appeals his 120-month sentence imposed after he was
convicted following his plea of guilty to being a felon in possession of a firearm, in
violation of
18 U.S.C. § 922(g)(1). The only issue he raises concerns the effect of
United States v. Booker, 543 U.S.___,
125 S.Ct. 738,
160 L.Ed.2d 621 (2005), on
his sentence. As the government correctly concedes, there was non-constitutional
Booker error in this case, it was preserved, and the government cannot show it was
harmless. Accordingly, Casey is entitled to be resentenced.
The sentence is VACATED, and the case is REMANDED with instructions
that Casey is to be resentenced in accord with the Booker decision.
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