United States v. Steven A. Silvers, (Two Cases)

Dismissed in part, vacated in part and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Judge HALL and Judge LUTTIG joined.

OPINION

DONALD S. RUSSELL, Circuit Judge:

In this appeal we are asked to determine whether, inter alia, a district court, upon resentencing of a defendant pursuant to a successful 28 U.S.C. § 2255 motion, can sua sponte reinstate a previously-vacated conspiracy conviction. Finding no Double Jeopardy concerns, and noting that the Supreme Court recently cited to this practice with approval in Rutledge v. United States, — U.S.-, 116 S.Ct. 1241, 134…