U.S. v. Carnell

Dist. Ct. did not commit plain error in sentencing defendant on remand to 165-month term of incarceration on charge of conspiracy to distribute mixture of methamphetamine, where said sentence was based, in part, on increase in criminal history category from III to V, to reflect fact that defendant had been convicted of two state-court charges during time defendant’s direct appeal had been pending. While defendant argued that recalculation of criminal history category exceeded scope of underlying remand order, there was no barrier to Dist. Ct. considering intervening convictions when re-sentencing defendant on remand. Moreover, issues that arise anew on remand are generally within scope of remand.