How have the courts dealt with a motion denying a motion to vacate a sentence and remand the case for resentencing?

Accordingly, we hold that the district court erred by denying the government's motion without making the factual findings necessary to justify its decision to do so. Moreover, we cannot conclude that the error was harmless because the record does not clearly indicate that the district court would have imposed the same sentence absent this procedural error. Cf . United States v. Jass , 569 F.3d 47, 68 (2d Cir. 2009) ("Where we identify procedural error in a sentence, but the record indicates clearly that the district court would have imposed the same sentence in any event, the error may be deemed harmless, avoiding the need to vacate the sentence and to remand the case for resentencing.") (internal quotation marks omitted). We therefore must remand for resentencing.