
    Anthony LEGION, Petitioner-Appellee, v. Kenneth T. MCKEE, Warden, Respondent-Appellant.
    No. 07-2350.
    United States Court of Appeals, Sixth Circuit.
    Dec. 15, 2008.
    Before: MOORE and WHITE, Circuit Judges; and VINSON, District Judge.
    
      
       The Honorable C. Roger Vinson, United States District Judge for the Northern District of Florida, sitting by designation.
    
   OPINION

PER CURIAM.

The issue raised in this habeas appeal has been conclusively decided by another panel of this court. See Desai v. Booker, 538 F.3d 424 (6th Cir.2008). The Opinion and Order of the district court must be, and is, REVERSED on the basis of the Desai decision. This case is REMANDED to the district court for further proceedings.  