the weapons charge. In light of the Bailey decision, the Government concedes that Petitioner’s conduct did not fall within the “use or carry” element of § 924(e) and that the sentence should be vacated. However, the Government argues that Petitioner should be resentenced pursuant to. § 2Dl.l(b)(l) of the United States Sentencing Guidelines. § 2Dl.l(b)(l) provides for a two level increase for “possession” of a firearm. U.S. Sentencing Guidelines Manual § 2Dl.l(b)(l) (1995). Petitioner argues that only the weapons charge is being attacked and that the Court lacks jurisdiction to resentenee him. Furthermore, Petitioner contends that an enhancement of the sentence on the conspiracy charge would violate the Double Jeopardy and Due Process Clauses of the United States Constitut E.D.Ark.1996) (<HOLDING>), with Merritt v. United States, 930 F.Supp.
holding resentencing is not always required holding that constitution and courts limited jurisdiction preclude twolevel increase on resentencing holding that resentencing is required holding that on direct appeal appellate court may remand for resentencing of all counts holding that defendant may be subject to death penalty on resentencing