Does the Double Jeopardy Clause apply to a defendant who has already completed his sentence?
The following excerpt is from U.S. v. Suleiman, 208 F.3d 32 (2nd Cir. 2000):
3. We express no view as to whether a Government appeal seeking to impose additional jail time on a defendant who has already completed his sentence implicates the Double Jeopardy Clause, because neither party has raised the issue. Cf. United States v. Rico, 902 F.2d 1065, 1068 (2d Cir. 1990) ("So long as a sentence can be increased on appeal, defendant has no expectation of its finality. The expectation of finality comes from the prospect of release as defendant nears the end of his or her prison term.") (citation omitted).
3. We express no view as to whether a Government appeal seeking to impose additional jail time on a defendant who has already completed his sentence implicates the Double Jeopardy Clause, because neither party has raised the issue. Cf. United States v. Rico, 902 F.2d 1065, 1068 (2d Cir. 1990) ("So long as a sentence can be increased on appeal, defendant has no expectation of its finality. The expectation of finality comes from the prospect of release as defendant nears the end of his or her prison term.") (citation omitted).
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