U.S. v. Shoffner

Dist. Ct. erred in re-sentencing defendant to 84-month term of incarceration on unlawful possession of firearm charge, under circumstances where Dist. Ct. had: (1) decreased applicable advisory guideline range that had been set by original Dist. Ct., but had imposed same sentence as original Dist. Ct.; and (2) rejected defendant’s argument that he was entitled to below-guidelines sentence. Defendant was entitled to new sentencing hearing, where instant Dist. Ct. did not adequately explain how it assessed section 3553(a) factors used to impose instant sentence and had failed to elaborate on why it did not consider more favorably defendant’s extensive presentation of his efforts at self-rehabilitation under adverse circumstances.