United States v. Muldrow
United States Court of Appeals for the Fourth Circuit, Duncan, Dec. 27, 2016,
Re-Sentencing – The 2011 Amendment to USSG §1B1.10 is not inconsistent with the text and does not allow for variances taken at sentencing be implemented at resentencing.

Following a request for re-sentencing, there is a two-part process:
– Eligibility (Would the defendant have received a lesser sentence if the present guidelines had been in place?)
– Merit (Considering whether, in the court’s discretion, a reduction “is warranted in whole or in part under the particular circumstances of the case.”)

In the eligibility determination, the “recalculated” sentence is determined without variances/departures actually taken at the original sentencing.