No. 04-14585 Non-Argument Calendar.

407 F.3d 1269 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Timmy DAVIS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 4, 2005.

Attorney(s) appearing for the Case

David McCrea (Court-Appointed), Law Office of David McCrea, Alma, GA, for Defendant-Appellant.

Amy Lee Copeland, Savannah, GA, for Plaintiff-Appellee.

Before ANDERSON, CARNES and MARCUS, Circuit Judges.


In this case, we apply harmless error analysis to a claim made pursuant to United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We reject the Government's argument that the grant of its U.S.S.G. § 5K1.1 motion eliminated or rendered harmless any Booker error. Accordingly, we vacate Davis's sentence, and remand for resentencing consistent with the Supreme Court opinions in Booker.

Timmy Davis pleaded...

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