United States v. Michael Palmer

Concurring opinion filed by Circuit Judge BROWN.

ROGERS, Circuit Judge:

This appeal challenges the amended judgment entered by the district court following the partial grant' of appellant’s motion pursuant to 28 U.S.C. § 2255.. Section 2255(b) provides that upon granting such a motion, the district court shall “vacate and set ... aside” the challenged judgment and either release the prisoner, resentence *42him, grant a new trial, or correct the challenged sentence. Appellant seeks to gain the benefit of the more lenient sentencing penalties under the Fair Sentencing Act of 2010 even though he was…