Gerald M. Pasquarille v. United States, 130 F.3d 1220 (6th Cir. 1997). · Go Syfert
Gerald M. Pasquarille v. United States, 130 F.3d 1220 (6th Cir. 1997). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2002–2024 · 2 courts · …there is no constitutional right to allocution under the united states constitution. at p. 1223
125 citation events (97 in the last 25 years) across 21 distinct courts.
Strongest positive: Anderson 505022 v. Christiansen (miwd, 2024-05-23)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Anderson 505022 v. Christiansen
W.D. Mich. · 2024 · quote attribution · 1 verbatim quote · confidence high
there is no constitutional right to allocution under the united states constitution.
discussed Cited as authority (verbatim quote) United States v. Richode Meredith-Hill
6th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
section 2255 gives the district court jurisdiction and authority to reevaluate the entire aggregate sentence to ensure that the defendant receives the appropriate sentence on the remaining count.
discussed Cited as authority (verbatim quote) Hovarter 368387 v. Burt
W.D. Mich. · 2019 · quote attribution · 1 verbatim quote · confidence high
there is no constitutional right to allocution under the united states constitution.
examined Cited as authority (rule) United States v. John Gordon (4×) also: Cited "see"
6th Cir. · 2025 · confidence medium
Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir. 1997) (holding that, in the 28 U.S.C. § 2255 context, when one sentence is set aside and “there is [] a ‘sentencing package[,]’ . . . the [district] court [has] jurisdiction and authority to reevaluate the entire aggregate sentence to ensure that the defendant receives the appropriate sentence on the remaining count”).
cited Cited as authority (rule) May v. Howard
E.D. Mich. · 2025 · confidence medium
Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997) (citing Hill v. United States, 368 U.S. 424, 428 (1962)); see also United States v. Richardson, 948 F.3d 733, 744 (6th Cir. 2020).
discussed Cited as authority (rule) United States v. Lamar Clancy
6th Cir. · 2025 · confidence medium
But we have rejected that argument, Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir. 1997), as has every court of appeals to consider the question, United States v. Watkins, 147 F.3d 1294 , 1296 n.3 (11th Cir. 1998) (collecting cases).
discussed Cited as authority (rule) Bowles v. Brewer
E.D. Mich. · 2023 · confidence medium
See Golf v. Bagley, 601 F.3d 445, 464 (6th Cir. 2010) (holding there is no right to allocution under the federal constitution); Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997) (same).
discussed Cited as authority (rule) Edwards 378344 v. Chapman
W.D. Mich. · 2023 · confidence medium
In any event, state law defines the absolute boundary of Petitioner’s right to allocution because “[t]here is no constitutional right to allocution under the United States Constitution.” Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997); see also Hill v. United States, 368 U.S. 424, 428 (1962) (concluding that “[t]he failure of a trial court to ask a defendant represented by an attorney whether he has anything to say before sentence is imposed is not of itself an error of the character or magnitude cognizable under a writ of habeas corpus”).
discussed Cited as authority (rule) United States v. Eric Bartoli
6th Cir. · 2023 · confidence medium
As such, we agree with Bartoli’s unopposed assertion that “[t]he 2021 sentence imposed must be vacated because it is unconstitutional.” (Corrected Appellant Br. 30.) The district court must impose a long overdue constitutional sentence, considering the statutory maximums in effect at the time of the conduct for which Bartoli was convicted: ten years for securities fraud and five years for each mail and wire fraud. - 11 - No. 21-4045, United States v. Bartoli But the parties diverge on what exactly should be resentenced: only the unlawful parts of his sentence—those posing an ex post fa…
discussed Cited as authority (rule) Cox v. Warden, Chillicothe Correctional Institution
S.D. Ohio · 2023 · confidence medium
Ohio Dec. 1, 2006)(citing Hill v. United States, 368 U.S. 424, 428 (1962); Cooey v. Coyle, 289 F.3d 882, 912 (6th Cir. 2002); United States v. Waters, 158 F.3d 933, 943 (6th Cir. 1998); Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997); United States v. Coffey, 871 F.2d 39, 40 (6th Cir. 1989)).
discussed Cited as authority (rule) United States v. Marcellas Hoffman
3rd Cir. · 2023 · confidence medium
Cir. 1999); United States v. Mata, 133 F.3d 200, 202 (2d Cir. 1998); United States v. McClain, 133 F.3d 1191, 1193-94 (9th Cir. 1998); United States v. Easterling, 157 F.3d 1220, 1223-24 (10th Cir. 1998); United States v. Smith, 115 F.3d 241, 247 (4th Cir. 1997); United States v. Benbrook, 119 F.3d 338, 340-41 (5th Cir. 1997); Pasquarille v. United States, 130 F.3d 1220, 1222-23 (6th Cir. 1997); United States v. Alton, 120 F.3d 114, 116 (8th Cir. 1997); United States v. Smith, 103 F.3d 531, 535 (7th Cir. 1996). 9 The District Court also properly applied a Guidelines enhancement for discharging…
discussed Cited as authority (rule) United States v. Marcellas Hoffman
3rd Cir. · 2023 · confidence medium
Cir. 1999); United States v. Mata, 133 F.3d 200, 202 (2d Cir. 1998); United States v. McClain, 133 F.3d 1191, 1193-94 (9th Cir. 1998); United States v. Easterling, 157 F.3d 1220, 1223-24 (10th Cir. 1998); United States v. Smith, 115 F.3d 241, 247 (4th Cir. 1997); United States v. Benbrook, 119 F.3d 338, 340-41 (5th Cir. 1997); Pasquarille v. United States, 130 F.3d 1220, 1222-23 (6th Cir. 1997); United States v. Alton, 120 F.3d 114, 116 (8th Cir. 1997); United States v. Smith, 103 F.3d 531, 535 (7th Cir. 1996). 9 The District Court also properly applied a Guidelines enhancement for discharging…
discussed Cited as authority (rule) Braden v. United States
M.D. Tenn. · 2022 · confidence medium
The Sixth Circuit recognizes the “sentencing packaging doctrine,” Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir. 1997), even though this “is a bit of misnomer [because] it is not so much a doctrine as it is a common judicial practice grounded in a basic notion of how sentencing decisions are made in cases involving multiple counts of conviction.” United States v. Fowler, 749 F.3d 1010, 1015 (11th Cir. 2014).
discussed Cited as authority (rule) Himes v. Howard
E.D. Mich. · 2022 · confidence medium
Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997) (citing to Hill v. United States, 368 U.S. 424, 428 (1962)); see also United States v. Richardson, 948 F.3d 733 , 744 (6th Cir. 2020) (there is no constitutional right to allocution at sentencing).
discussed Cited as authority (rule) Runels v. Howard
E.D. Mich. · 2022 · confidence medium
Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997) (citing Hill v. United States, 368 U.S. 424, 428 (1962)); See also United States v. Richardson, 948 F.3d 733 , 744 (6th Cir. 2020) (“There is no constitutional right to allocution.”).
cited Cited as authority (rule) Zarn v. Winn
E.D. Mich. · 2022 · confidence medium
Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997) (citation omitted); see also United States v. Richardson, 948 F.3d 733, 744 (6th Cir. 2020).
discussed Cited as authority (rule) Cornett v. Winn
E.D. Mich. · 2022 · confidence medium
Second, “[t]he Supreme Court has not expressly recognized a constitutional right to allocution,” United States v. Lawrence, 735 F.3d 385, 407 (6th Cir. 2013), and the Court of Appeals for “the Sixth Circuit has noted that ‘[t]here is no constitutional right to allocution under the United States Constitution.’ ” Cooey v. Coyle, 289 F.3d 882, 912 (6th Cir. 2002) (quoting Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997) (citing Hill v. United States, 368 U.S. 424, 428 (1962)).
cited Cited as authority (rule) Benanti v. USA (TV2)
E.D. Tenn. · 2022 · confidence medium
Pasquarville v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997). 30 Accordingly, the Court will DIRECT the clerk to correct petitioner’s sentence as stated in Part IV below.
discussed Cited as authority (rule) Parker v. Brewer
E.D. Mich. · 2021 · confidence medium
Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997)(citing to Hill v. United States, 368 U.S. 424, 428 (1962)); See also United States v. Richardson, 948 F.3d 733, 744 (6th Cir. 2020)(there is no constitutional right to allocution at sentencing).
cited Cited as authority (rule) Moore v. Mackie
E.D. Mich. · 2021 · confidence medium
ID 349.) However, “[t]here is no constitutional right to allocution.” Davis, 2018 WL 4333957 , at *5 (citing Pasquarille v. United States, 130 F. 3d 1220, 1223 (6th Cir. 1997)).
discussed Cited as authority (rule) Reeves v. Floyd
E.D. Mich. · 2020 · confidence medium
Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997) (citing to Hill v. United States, 368 U.S. 424, 428 (1962)); see also United States v. Richardson, 948 F.3d 733, 744 (6th Cir. 2020) (there is no constitutional right to allocution at sentencing).
cited Cited as authority (rule) United States v. Frank Richardson
6th Cir. · 2020 · confidence medium
Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997) (citation omitted).
discussed Cited as authority (rule) United States v. Beckham
E.D. Wash. · 2016 · confidence medium
See United States v. Ruiz-Alvarez, 211 F.3d 1181, 1185 (9th Cir.2000) (noting that when a conviction is vacated, the district court “may recalculate and resentence the defendant on convictions that still stand”); United States v. Barron, 172 F.3d 1153, 1160 (9th Cir.1999) (en banc) (holding that when a plea conviction is vacated the court should not set aside the plea agreement, but rather should resentence the defendant on the remaining counts, “taking into account any relevant enhancements under the Sentencing Guidelines”); United States v. Handa, 122 F.3d 690, 692 (9th Cir.1997) (ho…
discussed Cited as authority (rule) Lazelle Maxwell v. United States (2×)
6th Cir. · 2015 · confidence medium
A sentencing package exists “where sentences imposed on the multiple counts are interdependent.” Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997).
discussed Cited as authority (rule) State v. Roberts (2×)
Ohio · 2013 · confidence medium
We have held that failure to ensure such personal participation in the criminal process is not necessarily a constitutional flaw in the conviction.” {¶ 105} The Sixth Circuit Court of Appeals has also held that “[t]here is no constitutional right to allocution under the United States Constitution,” Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir.1997), and that federal law does not require Ohio to afford the accused an opportunity to make an unsworn statement, Bedford v. Collins, 567 F.3d 225, 237 (6th Cir.2009).
discussed Cited as authority (rule) Allen Ajan v. United States
6th Cir. · 2013 · confidence medium
Franklin , therefore, does not modify our holding that “the district court has the authority to resentence a defendant who has secured reversal of a § 924(c) conviction under § 2255.” Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997).
cited Cited as authority (rule) United States v. Demetrius Williams
6th Cir. · 2013 · confidence medium
Last and least is Pasquarille v. United States, 130 F.3d 1220, 1221 (6th Cir.1997), which arose from a motion to vacate.
cited Cited as authority (rule) United States v. Mosley
6th Cir. · 2011 · confidence medium
See Jeross, 521 F.3d at 585 ; Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir.1997); United States v. Coffey, 871 F.2d 39, 40-41 (6th Cir.1989).
discussed Cited as authority (rule) United States v. Ayers (2×) also: Cited "see"
S.D. Ohio · 2010 · confidence medium
See United States v. Rodriguez, 112 F.3d 26, 31-32 (1st Cir.1997) (no expectation of finality in total sentencing package after appeal of 1 count in multicount conviction; double jeopardy no bar to resentencing); United States v. Mata, 133 F.3d 200, 202 (2d Cir.1998) (no expectation of finality in total sentencing package if defendant challenged conviction on other counts of package, thereby placing validity of entire sentencing package at issue; double jeopardy no bar to resentencing); United States v. Benbrook, 119 F.3d 338, 340 (5th Cir.1997) (no expectation of finality because defendant ch…
discussed Cited as authority (rule) United States v. Faulkenberry (2×) also: Cited "see"
S.D. Ohio · 2010 · confidence medium
See United States v. Rodriguez, 112 F.3d 26, 31-32 (1st Cir.1997) (no expectation of finality in total sentencing package after appeal of 1 count in multicount conviction; double jeopardy no bar to resentencing); United States v. Mata, 133 F.3d 200, 202 (2d Cir.1998) (no expectation of finality in total sentencing *924 package if defendant challenged conviction on other counts of package, thereby placing validity of entire sentencing package at issue; double jeopardy no bar to resentencing); United States v. Benbrook, 119 F.3d 338, 340 (5th Cir.1997) (no expectation of finality because defenda…
discussed Cited as authority (rule) United States v. Delano Maxwell
8th Cir. · 2010 · confidence medium
E.g., United States v. Jeross, 521 F.3d 562, 585 (6th Cir. 2008) (involving a sentence reversed on appeal and remanded for resentencing, and holding the defendant's right of allocution only "applies to the original sentence and not to the subsequent resentencing." (quoting Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir. 1997))) (emphasis added).
discussed Cited as authority (rule) United States v. Maxwell (2×)
8th Cir. · 2010 · confidence medium
E.g., United States v. Jeross, 521 F.3d 562, 585 (6th Cir.2008) (involving a sentence reversed on appeal and remanded for resentencing, and holding the defendant’s right of allocution only “applies to the original sentence and not to the subsequent resentencing.” (quoting Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir.1997))) (emphasis added).
discussed Cited as authority (rule) State v. Rodrigues
Utah · 2009 · confidence medium
Rather, "the Double Jeopardy Clause 'only proscribes resentencing where the defendant has developed a legitimate expectation of finality in his original sentence." Id. 18 (quoting Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997)); see also, United States v. DiFrancesco, 449 U.S. 117, 137-39 , 101 S.Ct. 426 , 66 L.Ed.2d 328 (1980); Warnick v. Booher, 425 F.3d 842, 847 (10th Cir.2005). 137 While this court has not yet considered whether the Double Jeopardy Clause prevents the correction of a clerical error that amends a eriminal sentence, other jurisdictions have done so and have…
discussed Cited as authority (rule) Richard Cooey v. Ralph Coyle, Warden
6th Cir. · 2002 · confidence medium
Moreover, the Sixth Circuit has noted that “[t]here is no constitutional right to allocution under the United States Constitution.” Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir.1997) (citing Hill v. United States, 368 U.S. 424, 428 , 82 S.Ct. 468 , 7 L.Ed.2d 417 (1962)).
cited Cited as authority (rule) United States v. Norman
6th Cir. · 2002 · confidence medium
United States v. Saikaly, 207 F.3d 363, 367 (6th Cir.2000); Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997).
discussed Cited as authority (rule) United States v. Mainville (2×) also: Cited "see"
6th Cir. · 2001 · confidence medium
Mainville’s claim that the district court was barred from resentencing him on Count Three is essentially foreclosed by our decision in Pasquarille v. United States, 130 F.3d 1220, 1222-23 (6th Cir. 1997).
cited Cited as authority (rule) United States v. Phillip Alonzo Jones
8th Cir. · 2001 · confidence medium
See Gardiner v. United States, 114 F.3d 734, 736 (8th Cir.), cert. denied, 522 U.S. 923 , 118 S.Ct. 318 , 139 L.Ed.2d 246 (1997); Pasquarille v. United States, 130 F.3d 1220, 1222-23 (6th Cir. 1997).
discussed Cited as authority (rule) United States of America, Plaintiff-Appellant/cross-Appellee v. Albert J. Desantis, Defendant-Appellee/cross-Appellant
6th Cir. · 2001 · signal: cf. · confidence medium
Cf Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997) (finding jurisdiction in the district court to reevaluate all matters relevant to sentencing following vacation of a conviction under § 2255).
discussed Cited as authority (rule) Darity v. United States
W.D.N.C. · 2000 · confidence medium
United States v. Slate, 153 F.3d 724 (table), 1998 WL 387256 *1 (4th Cir.1998); Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir.1997) (“The defendant’s right to speak before the imposition of sentence under Fed.
cited Cited as authority (rule) United States v. Mask
W.D. Tenn. · 2000 · confidence medium
United States v. DiFrancesco, 449 U.S. 117, 139 , 101 S.Ct. 426 , 66 L.Ed.2d 328 (1980); Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997). 16 .
examined Cited as authority (rule) United States v. Charles Rudolph (3×) also: Cited "see"
6th Cir. · 1999 · signal: cf. · confidence medium
Cf. Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997) (permitting the district court to revisit a defendant’s “entire aggregate sentence” composed of a “single comprehensive sentencing plan” when resentenc-ing pursuant to a successful § 2255 motion to vacate).
discussed Cited as authority (rule) United States v. Erick Jackson
6th Cir. · 1999 · confidence medium
It is for the absence of similar factual scenarios in United States v. Bond, 171 F.3d 1047, 1049 (6th Cir.1999), and Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir.1997), that these decisions do not apply to this case.
discussed Cited as authority (rule) United States v. Samuel K. Tidwell (2×)
7th Cir. · 1999 · confidence medium
Similarly, if the defendant is a prisoner in federal custody and is resentenced on collateral review pursuant to 28 U.S.C. sec. 2255 , he does not have the right to allocution under that section. 2 See Pasquarille v. United States, 130 F.3d 1220, 1223 (6th Cir.1997).
discussed Cited as authority (rule) State v. Maguire (2×)
Utah Ct. App. · 1999 · confidence medium
In fact, the Double Jeopardy dause “only proscribes re-sentencing where the defendant has developed a legitimate expectation of finality in his original sentence.” Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997); see also United States v. Welch, 928 F.2d 915, 917 (10th Cir.1991) (holding defendant who appeals sentence has no expectation of finality therein); accord North Carolina v. Pearce, 395 U.S. 711, 720 , 89 S.Ct. 2072, 2078 , 23 L.Ed.2d 656 (1969) (holding guarantee against double jeopardy does not impose any “limitations whatever upon the power to retry a defendan…
cited Cited "see" United States v. Ricky Gholston
6th Cir. · 2024 · signal: see · confidence high
See Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir. 1997).
discussed Cited "see" United States v. Brown (2×)
1st Cir. · 2022 · signal: see · confidence high
Our sister circuits have reasoned that if a sentence is properly viewed as a package -- that is, "one unified term of imprisonment," Townsend, 178 F.3d at 570 (quoting Easterling, 157 F.3d at 1224 ) -- then a defendant cannot have a legitimate expectation in finality where she "ha[s] not satisfied [her] sentence on the remaining counts in any meaningful sense," id.; see Pasquarille, 130 F.3d at 1223–24 ("Because the defendant has no legitimate expectation of finality in any discrete part of an interdependent sentence after a partially successful appeal or collateral attack, there is no doubl…
cited Cited "see" United States v. Sean Murphy
6th Cir. · 2014 · signal: see · confidence high
See Pasquarille v. United States, 130 F.3d 1220, 1222-23 (6th Cir.1997).
cited Cited "see" United States v. Lynce Foster
6th Cir. · 2014 · signal: see · confidence high
See Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997).
discussed Cited "see" United States v. Roger Faulkenberry
6th Cir. · 2012 · signal: see · confidence high
See Pasquarille v. United States, 130 F.3d 1220, 1222 (6th Cir.1997) (holding no double jeopardy violation when defendant challenged one of two interrelated convictions and “placed the validity of his entire sentence at issue”).
examined Cited "see" United States v. Jeross (4×) also: Cited "see, e.g."
6th Cir. · 2008 · signal: see · confidence high
See Pasquarille, 130 F.3d at 1223 (noting that the defendant had the opportunity to address the court at his original sentencing, had not submitted any new, mitigating evidence at resentencing, and did not dispute the facts of record).
Retrieving the full opinion text from the archive…
Gerald M. PASQUARILLE, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
96-6315.
Court of Appeals for the Sixth Circuit.
Dec 9, 1997.
130 F.3d 1220
1997 U.S. App. LEXIS 34316
1997 WL 754155
Perry H. Piper (argued and briefed), Federal Defender Services of Eastern Tennessee, Inc., Chattanooga, TN, for Petitioner-Appellant., Gregg L. Sullivan, Asst. U.S. Attorney (argued and briefed), Office of the U.S. Attorney, Chattanooga, TN, for Respondent-Ap-pellee.
Keith, Boggs, Norris.
Cited by 80 opinions  |  Published
KEITH, Circuit Judge.

Defendant appeals the district court’s judgment denying his motion to vacate sentence filed under 28 U.S.C. § 2255. For the reasons stated herein, we AFFIRM the decision of the district court.

I.

On March 9, 1993, a federal grand jury sitting in Chattanooga, Tennessee, returned a two-count indictment charging the defendant, Gerald Pasquarille, with Count one, possession with intent to distribute cocaine hydrochloride and cocaine base (“crack”), in violation of 21 U.S.C. § 841(a)(1), and in Count two, using and carrying a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(c).

On May 19,1993, the defendant executed a plea agreement and pled guilty to both counts of the indictment. On July 6, 1993, the defendant was sentenced to a term of 97 months incarceration, consisting of a 37 month sentence on Count one and a consecutive 60 month sentence on Count two. The defendant also received a term of five years supervised release on each count, to run concurrently.

On March 21, 1996, the defendant filed a motion pursuant to 28 U.S.C. § 2255 seeking to have his conviction on Count two vacated in light of the Supreme Court’s decision in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). On August 14, 1996, the district court granted the defendant’s motion and vacated the sentence imposed on Count two of the indictment. Because the conviction on Count two was vacated, the district court determined that the defendant’s sentence on Count one should be corrected to reflect a two-level enhancement pursuant to U.S.S.G. § 2Dl.l(b)(l) for possession of a firearm. Accordingly, the district court recalculated the defendant’s guideline range on Count one and determined that the defendant’s adjusted guideline range was now 46 to 57 months. The court then resentenced the defendant to 57 months.

On appeal, the defendant first argues that the district court was without jurisdiction under a 28 U.S.C. § 2255 petition to revise the entire “sentencing package” and instead, was limited to the issues on the count which he raised. Second, he contends that imposing an enhancement for the possession of a firearm after the 18 U.S.C. § 924(c) count had been dismissed otherwise violates the Double Jeopardy and Due Process clauses of the Constitution. Lastly, the defendant claims that the district court erred by not allowing him to be present at the time of the resentencing.

II.

The defendant argues that the district court did not have the authority to[*1222] resentence him on the unchallenged portion of his conviction, after vacating the § 924(c) conviction. The district court, however, disagreed and derived its authority from § 2255 which provides in pertinent part:

A prisoner ... claiming the right to be released upon the ground that the sentencing ... is ... subject to collateral attack, may move the court ... to vacate, set aside or correct the sentence.
[If the court grants the motion it] shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.

28 U.S.C. § 2255. Defendant argues that this statute only grants the court the authority over the single, challenged specific offense.

Every circuit that has considered this issue has held that the district court has the authority to resentence a defendant who has secured reversal of a § 924(c) conviction under § 2255. See United States v. Rodriguez, 112 F.3d 26, 29-31 (1st Cir.1997); United States v. Gordils, 117 F.3d 99, 102 (2d Cir.1997); United States v. Davis, 112 F.3d 118, 120-22 (3d Cir.1997); United States v. Hillary, 106 F.3d 1170 (4th Cir.1997); United States v. Rodriguez, 114 F.3d 46, 47-48 (5th Cir.1997); United States v. Smith, 103 F.3d 531 (7th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 1861, 137 L.Ed.2d 1061 (1997); United States v. Harrison, 113 F.3d 135 (8th Cir.1997); United States v. Handa, 110 F.3d 42 (9th Cir.1997); United States v. Mendoza, 118 F.3d 707, 709 (10th Cir.1997); United States v. Mixon, 115 F.3d 900 (11th Cir.1997); United States v. Morris, 116 F.3d 501, 503 (D.C.Cir.1997).

Because of the § 924 conviction in the case at bar, the district court was precluded from enhancing the defendant’s sentence pursuant to U.S.S.G. § 2D1.1(b)(1) for possession of a firearm during the drug-trafficking offense which would have resulted in double counting, because the defendant was also convicted under 18 U.S.C. § 924(c) of carrying or using a firearm during and in relation to a drug-trafficking offense. If the defendant had not been convicted of violating § 924(c), the court would have enhanced his sentence under Count one for possession of the firearm. Therefore, resentencing the defendant does nothing more than put him back in the same position he would have occupied had he not been convicted under § 924(c) in the first place. See, e.g., United States v. Hillary, 106 F.3d at 1172.

This Court has established that where a defendant is sentenced on multiple counts under the sentencing guidelines, there is often a “sentencing package” where sentences imposed on the multiple counts are interdependent. See, e.g., United States v. Clements, 86 F.3d 599 (6th Cir.1996). It is clear that the 924(c) offense and the underlying offense are interdependent, and must be considered as components of a single comprehensive sentencing plan. United States v. Davis, 112 F.3d 118, 121 (3d Cir.1997). Therefore, § 2255 gives the court jurisdiction and authority to reevaluate the entire aggregate sentence to ensure that the defendant receives the appropriate sentence on the remaining count. Accordingly the district court was correct in concluding that it has jurisdiction to resentence the defendant or to correct his sentence pursuant to § 2255.

III.

The defendant claims in the alternative that the district court’s consideration of the firearms in the resentencing constitutes a violation of the double jeopardy clause. The double jeopardy clause, however, only proscribes resentencing where the defendant has developed a legitimate expectation of finality in his original sentence. United States v. DiFrancesco, 449 U.S. 117, 139, 101 S.Ct. 426, 438, 66 L.Ed.2d 328 (1980). The defendant in the present case claims that he had an expectation of finality because he had already finished serving the original sentence on the drug charge. The defendant no longer had an expectation of finality, however, when he challenged one count of his two interrelated convictions and placed the validity of his entire sentence at issue. United States v. Rodriguez, 114 F.3d 46, 48 (5th Cir.1997). “Because the defendant has no legitimate expectation of finality in any discrete part of an interdependent sentence after a partially successful appeal or collateral attack, there is no double jeopardy bar to enhancing an unchallenged part of an[*1223] interdependent sentence to fulfill the court’s original intent.” United States v. Harrison, 113 F.3d 135, 138 (8th Cir.1997) (citing United States v. Binford, 108 F.3d 723, 728-30 (7th Cir.1997)).

Thus, the district court was correct in finding that by challenging his § 924(c) conviction, the defendant waived whatever expectation of finality he had in the sentence on the related drug conviction because the sentences are interdependent. By challenging the § 924(c) conviction, the defendant assumed the risk that, although his overall sentence would be reduced, the sentence on the drug count alone could be revisited and enhanced in light of the changed legal situation. See, e.g., Gordils, 117 F.3d at 103; Hillary, 106 F.3d at 1172.

The defendant also contends that the district court violated his due process rights by resentencing him. “Imposing a sentence that the Guidelines make appropriate for [the defendant’s] conduct is not fundamentally unfair.” Harrison, 113 F.3d at 138. In the case at bar, the defendant’s total sentence has been reduced and he was resen-tenced according to the court’s original sentencing plan. By resentencing the defendant, the district court simply put him back in the position he would have faced under the law if the § 924(c) conviction that was later deemed legally unsound, had not prohibit the enhancement. Consequently, the due process rights of the defendant were not violated as a result of the resentencing.

IY.

Lastly, the defendant argues that he had a right to be present or the right of allocution at the time of resentencing. The defendant was resentenced pursuant to 28 U.S.C. § 2255 which states that “a court may entertain and determine such motion without requiring the production of the prisoner at the hearing.”

There is no constitutional right to allocution under the United States Constitution. Hill v. United States, 368 U.S. 424, 428, 82 S.Ct. 468, 471, 7 L.Ed.2d 417 (1962). The defendant’s right to speak before the imposition of sentence under Fed.R.Crim.P. 32(e)(3)(C), applies to the original sentence and not to the subsequent resentencing. United States v. Coffey, 871 F.2d 39, 40 (6th Cir.1989).

There is nothing in § 2255 which provides that defendant has either an absolute right to be present or a right of allocution. The district court in this case noted that because the defendant was given the opportunity to address the court to the imposition of his original sentence, he was not entitled to be present when the district court corrected his sentence pursuant to a successful collateral attack. In addition, there are no disputed facts in this case and the defendant has not submitted any additional evidence that would go to the mitigation of his sentence. See Machibroda v. United States, 368 U.S. 487, 495, 82 S.Ct. 510, 514, 7 L.Ed.2d 473 (1962); United States v. Todaro, 982 F.2d 1025, 1030 (6th Cir.), cert. denied, 508 U.S. 943, 113 S.Ct. 2424, 124 L.Ed.2d 645 (1993).

Thus, the defendant does not have a right pursuant to § 2255 to be present and to allocute at his resentencing.

V.

The decision of Judge Edgar is AFFIRMED.