U.S. v. Simms

Dist. Ct. did not err in sentencing defendant to 230-month term of incarceration, after Ct. of Appeals had remanded matter back to Dist. Ct. to inform Ct. of Appeals as to whether it had intended for defendant’s original 240-month term of incarceration to be sentence that was five months above applicable sentencing guideline. Defendant’s new sentence, which was within applicable guideline range, was in conformity with remand order, and Dist. Ct. was not required on remand to either start sentencing process anew or to consider any new arguments from defendant.