In U.S. v. Eldick, No. 03-16158 (Dec. 20, 2004), the Court (Birch, Kravitch, Cudahy b.d.) vacated a sentence and remanded for resentencing, because sentence was imposed under the wrong statutory maximum. The Court noted that at resentencing the district court was free to revisit any rulings it had made at the initial sentencing.
