Should the petitioner's appeal be reinstated?

QUESTION PRESENTED A defendant who has shown that the district court mistakenly deemed applicable an incorrect, higher Guidelines range has demonstrated a reasonable probability of a different outcome. Here, the district court mistakenly classified the petitioner in a higher criminal history category than he should have, and mistakenly concluded that an offense level enhancement was appropriate. Nonetheless, the court of appeals found that the “downward-variant sentence ultimately imposed was ‘untether[ed]’ from any error as to criminal history category, to the extent any such error occurred,” and made no finding at all as to the offense level enhancement. Therefore, the court of appeals dismissed petitioner’s appeal. Should the petitioner’s appeal be reinstated? ey)