What is the test for remand for a retrial on the charge of possession of a dangerous weapon?

Our final task is to decide what further proceedings are warranted. Both parties agree that a remand for resentencing is appropriate, at which time the government may attempt to enhance Colon's sentence under U.S.S.G. 2D1.1(b)(1) for possession of a dangerous weapon in connection with a drug-related offense. The government urges, in addition, that we remand for retrial on the 924(c)(1) count, pointing to the evidence discussed earlier that shows that Colon may have "carried" the weapon within the meaning of the statute. Defendant opposes retrial, arguing that no evidence was presented showing that he "carried" a weapon during and in relation to a drug-trafficking offense, and that retrial would require the government constructively to amend his indictment in violation of the Fifth Amendment's grand jury guarantee, see United States v. Attanasio, 870 F.2d 809, 817 (2d Cir.1989).