United States v. Diaz, No. 10-3337 (3d Cir. 2011)Annotate this Case
The defendant was convicted of possession with intent to distribute heroin (21 U.S.C. 841(a)) and two counts of possession of a firearm in furtherance of drug trafficking (18 U.S.C. 924(c)) and sentenced to 480 months. The Third Circuit vacated one of the firearm convictions as not supported by a separate predicate offense. On remand, instead of subtracting the 120-month sentence associated with that conviction, the district court engaged in de novo sentencing and imposed a sentence of 400 months. The Third Circuit vacated and remanded. The original sentences were interdependent and the appeals court did not instruct otherwise, so de novo resentencing was appropriate, but no new pre-sentencing report was prepared and the record is ambiguous. The court directed the district court to consider evidence of post-incarceration rehabilitation.
The court issued a subsequent related opinion or order on May 6, 2011.