Whether a defendant is entitled to a resentencing hearing when a count in their indictment is later found unconstitutional

QUESTION(S) PRESENTED : L. WHETHER OR NOT.WHEN ONE HAS EXCERSIZED HIS RIGHT TO TRIAL AND BE FOUND GUILTY OF A COUNT IN HIS INDICTMENT THAT WOULD LATER BE FOUND UNCONSTITUTIONAL DURING HIS INCARCERATION, IS THAT PERSON ENTITLED TO BE PRESENT FOR A RESENTENCING HEARING IN LIGHT OF PEPPER v. U.S. AND § 3553(a) FACTORS THAT NOW FAVOR HIM Il. WHETHER OR NOT THE COURT ERKED AFTER A DEFENDANT'S COUNT IN HIS INDICTMENT WAS LATER FOUND TO BE UNCONSTITUTIONAL AFTER EXCERSIZING HIS RIGHT TO TRIAL THE COURT THEN CLAIMED THAT THE JUDGMENT WAS "CORRECTED" NOT 'VACATED"™ 1IL. CAN A COURT 'CORRECT" A JUDGMENT AS OPPOSED TO "VACATING' A_JUDGMENT WHEN A COUNT IS LATER FOUND TO "BE UNCONSTTPUTIONAL TO. ; JUSTIFY A NEW SENTENCE BY JUST SUBTRACTING THAT COUNTS TERM OF IMPRISONMENT FROM THE TOTAL TERM LN CALCULATING A NEW SENTENCE OR IS THAT UNCONSTITUTIONAL AND A VIOLATION OF DUE PROCESS WHEN A PLENARY RESENTENCING WAS WARRANTED “IV. IS IT UNCONSTITUTIONAL FOR A COURT TQ MODIFY A SENTENCE AFTER K COUNT IN A PERSON'S INDICIMENT WAS LATER 10 BE FOUND TO BE™ UNCONSTITUTIONAL (WHEN ONE WAS CONVICTED OF THAT SAME COUNT BY A JURY OF HIS PEERS), WITHOUT FULL REVIEW OF § 3553(a) FACTORS IN LIGHT OF PEPPER v. U.S. ESPECIALLY WHEN UNDER NG PACKAGE DOCTRINE A RY_RESENTENCING SUPPORTS STRAYHORN A RESENTENCING HEARING