NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 08a0759n.06 Filed: December 15, 2008 No. 07-2350 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

ANTHONY LEGION, ) ) Petitioner-Appellee, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE EASTERN ) DISTRICT OF MICHIGAN KENNETH T. MCKEE, Warden, ) ) OPINION Respondent-Appellant. ) _______________________________________)

Before: MOORE and WHITE, Circuit Judges; and VINSON,* District Judge.

Per curiam. The issue raised in this habeas appeal has been conclusively decided by another panel of this court. See Desai v. Booker, 538 F.3d 424 (6th Cir. 2008). The Opinion and Order of the district court must be, and is, REVERSED on the basis of the Desai decision. This case is REMANDED to the district court for further proceedings.

* The Honorable C. Roger Vinson, United States District Judge for the Northern District of Florida, sitting by designation.