United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                  ___________

                                  No. 04-3149
                                  ___________

United States of America,             *
                                      *
           Plaintiff – Appellee,      * Appeal from the United States
                                      * District Court for the
     v.                               * Southern District of Iowa.
                                      *
Matthew James Wood,                   * [Unpublished]
                                      *
           Defendant – Appellant.     *
                                 ___________

                             Submitted: May 9, 2005
                                Filed: August 5, 2005
                                 ___________

Before WOLLMAN, BRIGHT, and BYE, Circuit Judges.
                          ___________

PER CURIAM.

       The district court violated the Sixth Amendment by applying a mandatory
version of the federal sentencing guidelines, which required it to enhance the
defendant's sentence beyond the statutory maximum based on facts not admitted to
by him nor found by a jury beyond a reasonable doubt. United States v. Booker, 

, 756 (2005). The defendant raised and preserved the error at the time of
sentencing and we cannot say this constitutional error was harmless beyond a
reasonable doubt. See United States v. Haidley, 

(8th Cir. 2005). We
therefore vacate the sentence and remand for resentencing.
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