United States v. Kortgaard, ___ F.3d ___ (9th Cir. Sept. 21, 2005)(upward departures based on recidivism under USSG 4A1.3 involve factual findings beyond the fact of a prior conviction, and therefore require remand for resentencing in light of United States v. Booker (2005) 125 S.Ct. 738).