Whether the calculation of appellant Camacho's offense level at re-sentencing following the vacatur of one count of the Complaint violates due process and fundamental fairness; the sentence imposed resulted in a harsher sentence without justification. The panel's reasoning permits district courts to manipulate Guidelines calculations to nullify the sentencing benefits of successful appeals, undermining both the constitutional protection against vindictive sentencing and the integrity of the Guidelines system itself.

Whether the calculation of appellant Camacho's offense level at re-sentencing following the vacatur of one count violates due process and fundamental fairness, and whether imposing a harsher sentence without justification constitutes vindictive sentencing in violation of constitutional protections