U.S. v. Clayton

Defendant was entailed to new sentencing hearing on Hobbs Act convictions, where defendant was given 168-month term of incarceration that was based, in part, on Dist. Ct.’s assignment of two “status points” for defendant’s commission of instant convictions while under criminal justice sentence. New sentencing hearing was required, where: (1) subsequent to defendant’s sentencing hearing, Sentencing Commission retroactively amended Guidelines, such that Dist. Ct. could no longer add two criminal history points when defendant committed his offenses while under any criminal justice sentence; (2) effect of retroactive amendment resulted in defendant receiving one fewer criminal history point and lower guideline sentencing range; and (3) Dist. Ct. did not indicate that sentence would be same regardless of guideline range.