In what circumstances will a court of appeals remand to a federal district court for resentencing where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sherwood, 98 F.3d 402 (9th Cir. 1996):

We note that in determining whether a remand is required where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines, the court of appeals must determine whether a district court would have imposed the same sentence had it not relied upon the invalid factor or factors. Williams v. United States, 503 U.S. 193, 201, 112 S.Ct. 1112, 1120, 117 L.Ed.2d 341 (1992). In other words the court of appeals must be able to determine from the record whether the sentence was imposed "as a result of" the district court's incorrect application of the guidelines or whether the error did not affect the district court's selection of the sentence imposed. Id. 503 U.S. at 203-07, 112 S.Ct. at 1121-22. Unless the court of appeals concludes that the error did not affect the district court's selection of the sentence, it must remand to the district court for resentencing.

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