Challenge to the district court's application of an enhancement based on a post-offense amendment to the Guidelines
US v. Rodriguez, 09-1429, concerned a challenge to the district court's imposition of a 108-month sentence in applying a
four-level trafficking-in-firearms enhancement based on a post-offense
amendment to the Guidelines, following a conviction of defendant for various firearm offenses, arising from a sale of two sawed-off guns to an undercover police officer in 2006.
In vacating the sentence, the court remanded for resentencing as, the
district judge committed plain error by using the version in effect at
the time of sentencing, even though the Commission had made the
Guidelines harsher by adding a four-level enhancement after defendant's
crimes. Further, the defendant has shown that the error not only likely
affected the result in the lower court but also threatens a miscarriage
of justice if not corrected.