Circuit held similarly, but the court granted rehearing en banc, simultaneously vacating the panel opinion. See United Slates v. Dews, 551 F.3d 204 (4th Cir.2008), reh’g en banc granted, No. 08-6458 (4th Cir. Feb. 20, 2009). The en banc court later dismissed the appeal as moot, and the panel opinion is no longer good law. See United Stales v. Cook, 594 F.3d 883, 888 n. 3 (D.C.Cir.2010). 3 . To some extent, this conclusion was adumbrated by our earlier decision in Caraballo. There, we wrote that "if an amended guideline does not have the effect of lowering the sentencing range actually used at sentencing, the defendant’s sentence was not based on that range within the intendment of [section 3582(c)(2)].” 552 F.3d at 10; see also United States v. Cardosa, 606 F.3d 16, 21 (1st Cir. 2010) (<HOLDING>) (emphasis in original). Even though these
holding that the evidence was sufficient to support a conviction under  856 where premises contained two white envelopes containing thirtytwo packs of crack cocaine equipment required for the manufacture and packaging of crack cocaine fortyone white envelopes containing particles of crack cocaine and crack cocaine stored in a laundry bag in the bathroom holding that the defendants sentence was based on the career offender guidelines despite the fact that the district court calculated an offense level pursuant to the crack guidelines holding that a district court resentencing a defendant based on the retroactive change in the crack cocaine guidelines pursuant to  3582c2 lacks authority to sentence a defendant below the newly calculated guidelines range and need not hold an evidentiary hearing on the issue holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack holding that where the defendants existing sentence was ultimately determined by the old crack cocaine guidelines  resentencing is within the discretion of the district court