NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Submitted October 1, 2008 Decided October 15, 2008

Before

WILLIAM J. BAUER, Circuit Judge

RICHARD A. POSNER, Circuit Judge

JOEL M. FLAUM, Circuit Judge

No. 08‐1291

UNITED STATES OF AMERICA, Appeal from the United States Plaintiff‐Appellee, District Court for the Northern District of Illinois, Eastern Division. v. No. 1:99‐cr‐00952‐1 THOMAS KING, Defendant‐Appellant. Ruben Castillo, Judge.

O R D E R

The defendant‐appellant in this case was convicted of: (1) conspiracy to distribute in excess of 50 grams of cocaine base, in violation of 21 U.S.C. § 846 (Count One); (2) distribution of 123.5 grams of cocaine, in violation of 21 U.S.C. § 841(a)(1) (Count Two); and (3) using a communication facility to facilitate a drug crime, in violation of 21 U.S.C. § 843(b) (Counts Three ‐ Six). On appeal, this court affirmed the convictions but remanded the matter to the trial court for re‐sentencing post‐Booker. (United States v. Booker, 543 U.S. 220 (2005.) The defendant‐ appellant now appeals the new sentence. No. 08‐1291 Page 2

This court has carefully reviewed the Amended Judgement in a Criminal Case issued by the District Court on February 4, 2008, the record on appeal, and the briefs filed by the parties.

Accordingly, IT IS ORDERED that this case is summarily affirmed and we adopt as our own the attached Amended Judgment issued by the District Court on February 4, 2008.