United States v. Booker, Charles

Opinion for the Court filed by Circuit Judge SENTELLE.

Concurring opinion filed by Senior Circuit Judge WILLIAMS.

SENTELLE, Circuit Judge.

Charles Booker appeals his conviction and imprisonment for “constructive possession” of a firearm Booker argues there was insufficient evidence to support his conviction and that his sentence must be vacated and remanded in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because we agree only with Booker’s second argument, we affirm his conviction for “constructive possession” of a firearm, but we vacate his sentence and…