Opinion by Judge LEAVY; Dissent by Judge FLETCHER.
LEAVY, Senior Circuit Judge:
We are asked in this case to determine the scope of our remand for resentencing. The defendant, Eugene Davis Washington, claims that the district court exceeded the scope of the remand by departing upwards. We affirm the district court's sentence.
BACKGROUND
Washington's first trial on drug charges ended in a hung jury. He was tried a
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