United States v. Rodriguez

LYNCH, Circuit Judge.

This case raises an issue of significance in the administration of criminal justice, one of first impression for this court. It concerns the power of a district eourt to resentence on the counts of conviction remaining after the sentence on another count has been vacated on a petition under 28 U.S.C. § 2255.

Isidro Rodriguez was originally convicted in 1993 on four cocaine trafficking counts, see 21 U.S.C. § 841(a), for which he received a sentence of sixty-three months, and on one count of using or carrying a firearm during and in relation to a drug trafficking crime, in…