UNPUBLISHED ORDER Not to be cited per Circuit Rule 53

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 June 30, 2006 Before Hon. FRANK H. EASTERBROOK, Circuit Judge Hon. DANIEL A. MANION, Circuit Judge Hon. TERENCE T. EVANS, Circuit Judge

No. 02-2998 Appeal from the United States District Court for the Northern UNITED STATES OF AMERICA, District of Illinois, Eastern Division Plaintiff-Appellee, No. 99 CR 544 v. Wayne R. Andersen, Judge.

KEITH KYSER, a/k/a “KEEZO”, Defendant-Appellant.

ORDER A jury in the Northern District of Illinois convicted Keith Kyser of conspiracy to possess with intent to distribute controlled substances in violation of 21 U.S.C. § 846. While his appeal remained pending, the Supreme Court issued its decision in United States v. Booker, 543 U.S. 220 (2005). We remanded to ask whether the judge would have imposed a lesser sentence had he known that the guidelines were advisory. See United States v. Paladino, 401 F.3d 471, 483-84 (7th Cir. 2005). The judge said yes, and therefore we VACATE Kyser’s sentence and REMAND for resentencing.