NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 09a0296n.06 Filed: April 21, 2009 Nos. 07-3376, 07-3438 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

UNITED STATES OF AMERICA, ) ) Plaintiff-Appellee, ) ) v. ) ORDER ) JASON WESTERFIELD, ) ) Defendant-Appellant. ) _____________________________________ )

Before: KEITH, GRIFFIN, and GIBSON, Circuit Judges.*

This case returns to us by order of the Supreme Court, Westerfield v. United States, 129 S. Ct. 1314 (2009), for reconsideration in light of Chambers v. United States, 129 S. Ct. 687 (2009). On remand, and after careful consideration of the issues raised by each sentence affirmed in this consolidated appeal, we reinstate our opinion in case No. 07-3376 and remand case No. 07-3438, as this is the only judgment affected by the Chambers decision.

We therefore REMAND Case No. 07-3438 to the district court for reconsideration and further proceedings necessary in light of Chambers v. United States.

ENTERED BY ORDER OF THE COURT

Leonard Green, Clerk

* The Honorable John R. Gibson, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit, sitting by designation.