United States v. Charly Sion Hagege, United States of America v. Charly Sion Hagege

The United States appeals the district court’s sentence of Charly Sion Hagege for bankruptcy fraud and false representation of a social security number. The government argues that the district court committed error in refusing to increase Ha-gege’s sentence on the basis of judicially-found facts. Hagege cross-appeals his conviction based on the following grounds: (1) the district court erred in denying Ha-gege’s motion for an evidentiary hearing on the issue of whether the prosecutor intentionally provoked Hagege into moving for a mistrial; (2) the district court erred in denying Hagege’s motion to dismiss count one of the indictment based upon the statute of limitations; (3) the district court’s admission of foreign bank records violated the Confrontation Clause of the Sixth Amendment; and (4) the district court erred in denying Hagege’s motion for a mistrial as to the second trial based upon the district court’s reference to a jury instruction relating to prior convictions. For the reasons given below, we will affirm the conviction, vacate the sentence, ánd remand the case for further proceedings in light of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621…