District court's imposition of a 96 months' imprisonment on a defendant convicted of conspiracy to distribute and possess with the intent to distribute more than 50 grams of cocaine base is vacated and remanded for resentencing as, the district court misapprehended the scope of its discretion at the resentencing as a sentencing court may use any reasonable method in calculating a downward departure during resentencing and is not limited by any specific method previously used.
Argued: December 3, 2009
Decided: January 21, 2010
Opinion by Circuit Judge Davis
For Appellant: G. Alan DuBois, Office of the Public Defender
For Appellee: Anne Margaret hayes, Office of the US Attorney