U.S. v. Williams

Defendant was entitled to new sentencing hearing on his identify theft conviction, where Dist. Ct. at original hearing sentenced defendant to above-guideline sentence of 80-month term of incarceration under higher-range guidelines in effect at time of sentencing, rather than lower-range guidelines in effect at time defendant committed charged offense. While govt. urged Ct. of Appeals to retain jurisdiction of case and order limited remand for purpose of asking Dist. Ct. whether it would have imposed different sentence under lower guideline, Ct. of Appeals found that remand for new sentencing hearing was required so that Dist. Ct. can receive correct guideline advice prior to sentencing defendant.