United States v. Rhodes, Robert

Opinion for the Court by Circuit Judge TATEL.

Dissenting opinion filed by Circuit Judge SILBERMAN.

TATEL, Circuit Judge:

At resentencing following remand required by Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), appellant sought downward departure based on his rehabilitative efforts undertaken while serving his original sentence. Finding departure foreclosed under the Sentencing Guidelines, the district court denied appellant’s request. Because we find nothing in the Guidelines prohibiting departures based on post-conviction rehabilitation, we reverse and remand…