What is the scope of the federal district court's power to set aside and resent a judgment against a defendant?

Minor, however, did not address the power of the district court under 28 U.S.C. 2255. Section 2255 "expressly vests some power in the district court.... '[T]he court shall vacate and set the judgment aside and shall ... resentence him ... or correct the sentence as may appear appropriate.' " United States v. Rodriguez, 112 F.3d 26, 29 (1st Cir.1997) (quoting 28 U.S.C. 2255) (emphasis added).

The plain language of 2255 does not support [the] argument that in all circumstances, the court is limited in its resentencing options to only the count challenged in the motion. Instead, the plain language does not restrict the word "sentence" and authorizes the court to act "as may appear appropriate." Thus, it confers upon the district court broad and flexible power in its actions following a successful 2255 motion.

United States v. Davis, 112 F.3d 118, 121 (3d Cir.1997) (citation omitted).