[DO NOT PUBLISH]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.

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Appeal from the United States District Court

for the Southern District of Florida

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(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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