§ 841(a) conviction in light of the vacatur of his § 924(c)(1) conviction. The Government wishes to resentence petitioner on his § 841(a) conviction so that it may request a two-level enhancement pursuant to 2Dl.l(b)(l) and maintain petitioner’s five-year term of supervised release. Petitioner, now released from prison, requests that his supervised release be reduced by 49 months. In the wake of Bailey, district courts across the country have been faced with the situation presented to this court and have been called upon to determine the propriety of adjusting the sentence of a successful § 2255 petitioner to allow for a two-level increase pursuant to 2Dl.l(b)(l). The courts have been fairly evenly split. For example, compare Rodriguez v. United States, 933 F.Supp. 279 (S.D.N.Y.1996) (<HOLDING>), and Warner v. United States, 926 F.Supp. 1387
holding that defendant may be subject to death penalty on resentencing holding resentencing is not always required holding that resentencing is required holding that constitution and courts jurisdiction allow for twolevel increase on resentencing holding that courts limited jurisdiction precludes twolevel increase on resentencing