United States v. Michael J. Tomasino

On Petition for Rehearing and Rehearing En Banc

Our opinion in this case, 206 F.3d 739 (7th Cir.2000), concludes that because the 1991 amendment to U.S.S.G. § 2Fl.l(b) *1035may have reflected confusion by the Sentencing Commission about the extent of its discretion, Tomasino’s sentence may not be enhanced under that guideline. The penultimate paragraph of our opinion invited the Commission to clarify its understanding without the formality of amending the guidelines or notes. We remanded the case for resentencing “after giving the Commission a reasonable opportunity to clarify its intentions in…