Does the double jeopardy clause apply to sentencing when the sentence is appealed?
The following excerpt is from U.S. v. Springer, 905 F.2d 1541 (9th Cir. 1990):
"The double jeopardy clause prevents multiple trials on the same charge and multiple punishments for the same offense." United States v. Kane, 876 F.2d 734, 736 (9th Cir.1989) (citations omitted). Sentencing may, however, be altered by an appeal, even if the sentence is enhanced and even if the defendant has begun to serve the sentence. Id. Double jeopardy precludes further enhancement when a defendant acquires a reasonable expectation of finality in the severity of a sentence. Id.
"The defendant ... is charged with knowledge of the statute and its appeal provisions, and has no expectation of finality in his sentence until the appeal is concluded or the time to appeal has expired." United States v. DiFrancesco, 449 U.S. 117, 136 (1980); Massie v. Hennessey, 875 F.2d 1386, 1388 (9th Cir.1989). Because the Sentencing Reform Act specifically authorizes government appeals under 18 U.S.C. Sec. 3742(b), Springer has not obtained a reasonable expectation of finality in his sentence.
II. Sentencing Guidelines
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