US v. MacKinnon, No. 03-2219, remands for re-sentencing a person who 1) was sentenced by a judge who seems to indicate that the FSGs contrained them; yet 2) was sentenced by a judge under U.S.S.G. § 4B1.1 who thought he could not depart downward. I think this is the first time the First has done this under Booker. SL&P provides a full explanation here, and PRACDL does here.