Does the double jeopardy clause apply to a judge's discretion in a corrective resentencing proceeding?

Nothing in the case law on jeopardy limits a judge's discretion in a corrective resentencing proceeding to the imposition of the minimum additional penalty necessary to create a valid sentence. When a judge has omitted entirely a category of punishment mandated by statute, he has not exercised the discretion with respect to that punishment which the statute contemplates. We do not read the double jeopardy clause to preclude the exercise of such discretion on resentencing. ⁴ See generally North Carolina v. Pearce, 395 U.S. 711 (1969).