U.S. v. HUGHES

No. 03-4172.

396 F.3d 374 (2005)

UNITED STATES of America, Plaintiff — Appellee, v. David C. HUGHES, Defendant — Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 24, 2005.

Rehearing Granted March 8, 2005.


Attorney(s) appearing for the Case

ARGUED: William Collins Brennan, Jr., Brennan, Trainor, Billman & Bennett, L.L.P., Upper Marlboro, Maryland, for Appellant. Stuart A. Berman, Assistant United States Attorney, Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINS, Chief Judge, and TRAXLER and GREGORY, Circuit Judges.


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.

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, ___ L.Ed2d ___ (2005...

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