Does the Double Jeopardy Clause apply to the sentencing of a defendant who has been convicted of a similar crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bines, 112 F.3d 517 (9th Cir. 1997):

The Double Jeopardy Clause affords protection against subsequent prosecutions after acquittal or conviction, and protects against multiple punishments for the same crime. See United States v. Scarano, 76 F.3d 1471, 1474 (9th Cir.1996). "The court, at the time of sentencing, shall state in open court its reasons for imposing a particular sentence." See 18 U.S.C. 3553(c) (Supp.1997). We review for abuse of discretion the district court's decision on a 18 U.S.C. 3582 motion. See United States v. Townsend, 98 F.3d 510, 512 (9th Cir.1996).

Other Questions


Does the double jeopardy clause bar a retrial of a defendant where the evidence presented at the original sentencing hearing was not sufficient to support enhancing his sentence? (MultiRegion, United States of America)
Does the Double Jeopardy Clause apply to a defendant who has already completed his sentence? (MultiRegion, United States of America)
Is there any case law where a defendant has been convicted of a similar crime and received the same sentence for the same crime? (MultiRegion, United States of America)
Does the double jeopardy clause apply to sentencing when the sentence is appealed? (MultiRegion, United States of America)
Does the double jeopardy clause apply to a defendant who has been acquitted of a similar charge? (MultiRegion, United States of America)
Does the Double Jeopardy Clause prevent a defendant from being resentenced on two criminal convictions after a third conviction has been overturned on appeal? (MultiRegion, United States of America)
What is the effect of the Double Jeopardy Clause on the sentencing of a defendant who is convicted of a felony murder? (MultiRegion, United States of America)
Does the Double Jeopardy Clause preclude the Government from retrying a defendant whose conviction was set aside because of an error in the proceedings leading to the conviction? (MultiRegion, United States of America)
What is the test for double jeopardy under the double jeopardy clause? (MultiRegion, United States of America)
Can a defendant who has been found not guilty of a charge under the Double Jeopardy Clause apply for a retrial after the grant of a mistrial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.