RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 05a0471p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________

X Plaintiff-Appellee, - UNITED STATES OF AMERICA, - - - No. 03-1060 v. , > RICKY LEE NEWTON, - Defendant-Appellant. - N

Filed: December 14, 2005 Before: SILER, MOORE, and SUTTON, Circuit Judges. _________________ ORDER _________________ The judgment in this case having been vacated, and the case having been remanded to this court for further consideration in light of United States v. Booker, 543 U.S. ___ (2005), IT IS HEREBY ORDERED AND ADJUDGED that the judgment in the United States District Court for the Eastern District of Michigan is vacated and this case is remanded to that court for further consideration in light of United States v. Booker. ENTERED BY ORDER OF THE COURT

/s/ Leonard Green __________________________________ Clerk

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