U.S. v Jenkins

Dist. Ct. erred in sentencing defendant to 168-month term of incarceration on charge of aiding and abetting kidnapping, where his sentence was based in part on assessment of three criminal history points arising out of defendant’s prior conviction on Illinois charge of aggravated use of unlawful weapon (AUUW), and where instant AUUW statute had been found unconstitutional prior to defendant’s sentencing hearing. Under applicable sentencing guidelines, conviction based on invalidated statute cannot be counted in defendant’s criminal history points, and thus defendant was entitled to new sentence hearing where resultant loss in criminal history points would produce lower sentencing range, and where there was no notation in record that Dist. Ct. would have imposed same sentence based on lower sentencing range.