UNITED STATES of America, v. Mohammad AFZAL, Appellant, 124 F. App'x 753

OPINION OF THE COURT FUENTES, Circuit Judge. Mohammad Afzal pled guilty to a two count information charging him in Count One with conspiring to commit bank fraud, and in Count Two with making, uttering and possessing counterfeit checks. The District Court sentenced Afzal, pursuant to the United States Sentencing Guidelines, to a 44 month term of imprisonment, and $52,857.34 in total restitution. Afzal received a two level enhancement for obstruction of justice, and a three-level enhancement for committing the offense in count two of the information while on release from the offense in count one.

On appeal, he challenges his sentence under United States v. Booker, 543 U.S. - , 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Having determined that the sentencing issues appellant raises are best determined by the District Court in the first instance, we will vacate the sentence and remand for resentencing in accordance with Booker. Afzal raises no challenge as to his conviction and accordingly has waived any argument in this regard. We will affirm the judgment of conviction.