United States v. Hughes

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 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.