United States v. Hughes

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 15, 2005

_______________________ Charles R. Fulbruge III Clerk No. 03-50889 _______________________

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

BRENT HUGHES,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Western District of Texas No. SA-03-CR-52 ________________________________________________________________

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before JOLLY, JONES, and WIENER, Circuit Judges.

PER CURIAM:*

This court affirmed the judgment of conviction and

sentence of Brent Hughes. See United States v. Hughes, No. 03-

50889 (Oct. 21, 2004). The Supreme Court vacated and remanded for

further consideration in light of United States v. Booker, 125 S.

Ct. 738 (2005). See Hughes v. United States, 125 S. Ct. 1027

(2005). We requested and received supplemental letter briefs

addressing the impact of Booker.

The Government concedes that Hughes preserved his

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. sentencing challenge before the district court, and that the error

was not harmless. Accordingly, Hughes’s conviction is AFFIRMED,

and his sentence is VACATED and REMANDED for further proceedings

consistent with this opinion and Booker.