United States v. Hughes

David C. Hughes appeals his convictions for five counts of bankruptcy fraud and perjury and his subsequent sentence. We affirm Hughes convictions. However, in light of United States v. Booker, 125 S. Ct. 738 (2005),we find plain error in sentencing, exercise our discretion to notice the error, vacate the sentence, and remand to the district court for resentencing consistent with the remedial scheme set forth in Justice Breyers opinion for the Court in Booker. See Booker, 125 S. Ct. at 764-65.