Oran Edward HAMILTON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

O’SCANNLAIN, Circuit Judge:

We must determine whether a court, in resentencing a defendant pursuant to a retroactive amendment to the Sentencing Guidelines, must apply the Guidelines in effect at the time of the resentencing or those in effect at the time of the offense.

I

In October 1989, an agent of the Bureau of Alcohol, Firearms and Tobacco discovered that Oran Hamilton had purchased a Moss-berg 12-gauge shotgun earlier that month from Western Surplus in Los Angeles, California. At the time of purchase, Hamilton had three prior felony convictions for drug-related offenses.

Hamilton ultimately…