This is the third time that Leonard Walker has been before us. In
United States v. Goines,
Walker took the hint and filed a § 2255 petition to vacate the firearm conviction. On Octobеr 31, 1996, the district court granted the requested relief and instructed the government to notify the court by December 1 whether it intended to retry Walker on the § 924(c) charge. Inexplicably, the government did not respond until December 5, at which time it notified the court that it did not intend to retry Walker. On February 11, 1997, the district court scheduled a sentenc *561 ing hearing for March 14. On the latter datе, the court resentenced Walker on the conspiracy count. Pursuant to section 2Dl.l(b)(l) of the United States Sentencing Guidelines, the court imposed a two-level increasе in Walker’s base offense level for possession of a firearm, an enhancement that yielded a total offense level of 36. Matched with Walker’s criminal history category (I), this offense level corresponded to a sentencing range of 188 months to 235 months of imprisonment. The district court opted for the low end of the range and sentenced Walker to 188 months in prison.
Walker now appeals his new sentence. He argues that the district court lacked jurisdiction to proceed as it did, and that, by resentencing him on the consрiracy count, the court violated the Constitution’s guarantee of due process and its prohibition against double jeopardy. Alternatively, he argues that the district court’s faсtual findings were inadequate to support the firearm enhancement. We affirm.
I.
Walker acknowledges that, as a general matter, a defendant who mounts a successful collateral attack on a single count of conviction faces the risk that the district court will look anew at the entire punishment and resentence on a remaining count. Sеe
Woodhouse v. United States,
Section 2255 authorizes a district court, upon affording a petitioner relief, “to resentence ... or correct the sentence as may appear appropriate.” 28 U.S.C. § 2255. Our Smith line of cases is premised on the understanding that “sentence” refers to “an aggregate, indivisible term of imprisonment.”
Binford,
We are similarly unpersuaded by Walker’s constitutional arguments. In the circumstances presented here, as we explained in
Smith,
“[u]ntil action is taken in regard to the whole sentence, ... [a petitioner does] not have an expectation of finality with regard to his sentence.”
II.
Walker also maintains that the district court’s factual findings were insufficient to support the firearm enhancement. Because we agree with the government that Walker waived this objection by fading to raise it at his resentencing hearing, we review this contention for plain error, and none can be found here. In applying the two-level increase, the district court referred to the original presentence report as amended, the resentencing memorandum, and the court’s own comments at Walker’s 1994 sentencing. Walker contends that, because the enhancement was predicated on his eoeonspirators’ possession of firearms, we must vacate his sentence and remand to permit the district court to define with greater precision the scope of Walker’s conspiraсy agreement. Coming from the individual whose primary responsibility as a conspirator was to supply his eoeonspirators with firearms, this argument carries a disingenuous ring. See
Goines,
Walker’s sentence is Affirmed.
