ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This court affirmed the judgment of conviction and sentence of Brent Hughes. See United States v. Hughes, 95 Fed.Appx. 671 (5th Cir. 2004). The Supreme Court vacated and remanded for further consideration in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See Hughes v. United States, 543 U.S. 1102, 125 S.Ct. 1027, 160 L.Ed.2d 1012 (2005). We requested and received supplemental letter briefs addressing the impact of Booker.

The Government concedes that Hughes preserved his 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.