U.S. v. Avila

Dist. Ct. did not err in re-sentencing defendant to 365-month term of incarceration on drug conspiracy charge where: (1) defendant's initial sentence was based on offense level calculation that did not correspond to original drug-quantity calculation; and (2) new sentence on remand was based upon govt.'s submission of addendum to presentence report, which increased drug quantity based upon trial testimony that in turn corresponded to original offense level. Ct. rejected defendant's argument that remand order limited Dist. Ct.'s ability to generate new drug quantity calculation.