U.S. v. Cureton

Ct. of Appeals remanded for Dist. Ct.’s reconsideration of defendant’s 444-month sentence on charges of using firearm during crime of violence and other related crimes, where instant sentence was based on Dist. Ct.’s belief that it could not consider nature of mandatory minimum sentence for defendant’s section 924(c) firearm conviction when determining defendant’s sentence on his other related convictions. Dist. Ct.’s belief ran contrary to U.S. Supreme Ct. decision in Dean, 137 S. Ct. 1170, and thus limited remand was required to allow Dist. Ct. to determine whether it would have imposed same sentence knowing that it could consider mandatory sentence for section 924(c) conviction when deciding sentence for other convictions. Defendant, though, had argued for full resentencing on remand.