Hughes

MEMORANDUM **

INTRODUCTION

Valerie Hughes pled guilty to bank fraud in violation 18 U.S.C. § 1344 . Applying two-level enhancements for “more than minimal planning,” see U.S.S.G. § 2F1.1(b)(2) (1998), 1 and “vulnerable victim,” see U.S.S.G. § 3A1.1(b)(1), and a six-level enhancement for loss exceeding $70,000, see 2F1.1(b)(1)(G), the district court sentenced Hughes to fifteen months imprisonment. The district court also, pursuant to the Mandatory Victims Restitution Act (“MVRA”), 18 U.S.C. § 3663A, ordered Hughes pay restitution of $78,239.48. We affirm the district court’s application of the enhancements and restitution order, but remand Hughes’ sentence in accordance with United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

I. REMAND

Alleging Booker error, Hughes contends the district court imposed her sentence while mistakenly believing the U.S.S.G. were mandatory. As the Guidelines are now discretionary and ascertaining whether the district court would have imposed a materially different sentence under a 'discretionary regime is not possible on the record before us, we remand for the district court’s discretionary reconsideration of Hughes’ sentence in light…