United States v. David C. Hughes, the Office of the Federal Public Defender, Amicus Supporting

Affirmed in part, vacated in part, and remanded with instructions by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge TRAXLER and Judge GREGORY joined.

OPINION

WILLIAM W. WILKINS, Chief Judge:

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, - U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), 1 we find plain error in sentencing, exercise our discretion to notice the error, vacate the sentence, and remand to the district court for…