Whether the mandate rule precludes or permits a district court from recalculating a defendant's Sentencing Guidelines range at resentencing based on intervening convictions

There is a conflict among the United States Courts of Appeals regarding the scope of the mandate for resentencing on remand. The question is: Wh ether the mandate rule precludes a district court from recalculating a defendant’s Sentencing Guidelines range at resentencing based on convictions received between the first and second sentencings (as the First Circuit holds), or whether the mandate rule permits such recalculation of the Guidelines range (as the Fifth, Eighth, Ninth, and Eleventh Circuits hold).