United States v. Henry

E. GRADY JOLLY, Circuit Judge,

specially concurring:

I concur with the majority. My reasons, I believe, can be stated quickly. First, the result of Henry’s appeal was to reverse and set aside his conviction on the § 924 count, but on that count alone. It did not affect or touch upon, even indirectly, the legal validity of the remaining counts. Thus, when his conviction fell, the sentence dependent upon that conviction fell also; with no supporting conviction there can be no remaining sentence. The court had no more right or power to resentence Henry than if on direct appeal his conviction on…