United States v. Mark Backer

SMITH, Circuit Judge.

Mark Backer appeals from a decision of the district court resentencing him from 60 to 87 months’ imprisonment. We consider whether plain error occurred and deciding that it did we remand for sentencing in conformity with United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I. Background

A confidential source told the Mandan City Police Department that Mark Backer owned a shop where there was frequent drug dealing. Officers executed a search warrant at Backer’s residence. Roger Kottsick was living there and told officers that Backer resided at Backer’s…