United States v. Latu, ___ F.3d ___ (9th Cir. March 19, 2007) (where one conviction is vacated on appeal, case should be remanded for resentencing on remaining counts), citing United States v. Bennett, 363 F.3d 947, 955 (9th Cir. 2004) ("When a defendant is sentenced on multiple counts and one of them is later vacated on appeal, the sentencing package comes unbundled. The district court then has the authority to put together a new package reflecting its considered judgment as to the punishment the defendant deserved for the crimes of which he was still convicted.") (citations, alterations and internal quotation marks omitted).

jurisdiction: 
Ninth Circuit

 

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