NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 07a0593n.06 Filed: August 15, 2007 No. 07-5012 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA, ) ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR THE ) WESTERN DISTRICT OF TENNESSEE ALLEN LORENZO GREEN, ) ) Defendant-Appellant. )

Before: KENNEDY and COOK, Circuit Judges; and ALDRICH, District Judge.*

PER CURIAM. This matter having come on for oral argument before the panel, and counsel having conceded that recent decisions, Rita v. United States, 127 S. Ct. 2456 (2007), and United States v. Wilms, __ F.3d __, No. 06-1896, 2007 WL 2077367 (6th Cir. July 23, 2007) (evaluating Rita), dispense with the grounds presented by the Appellant for reversal, the court hereby affirms the decision of the District Court.

* The Honorable Ann Aldrich, United States District Judge for the Northern District of Ohio, sitting by designation.