[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

________________________ U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

September 23, 2005

No. 04-13894 THOMAS K. KAHN

________________________ CLERK

D. C. Docket No. 03-20551-CR-UUB UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus JACKY BERNARD,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(September 23, 2005) Before TJOFLAT and BARKETT, Circuit Judges and FULLER *, Chief District Judge. PER CURIAM:

Having reviewed the evidence and considered argument of counsel, we find

*

Honorable Mark E. Fuller, United States Chief District Judge for the Middle District of Alabama, sitting by designation. 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, 543 U.S. __, 125 S. Ct. 738 (2005).

AFFIRMED IN PART, VACATED AND REMANDED IN PART.

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