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
The following excerpt is from U.S. v. Andersson, 813 F.2d 1450 (9th Cir. 1987):
2 Contrast United States v. Arrellano-Rios, 799 F.2d 520, 523-24 (9th Cir.1986), in which we held that the Double Jeopardy Clause prevented resentencing on two valid convictions after a third conviction was overturned on direct appeal. The basis for our holding was that the defendant had "fully served" legal sentences on the two valid convictions. In such circumstances, we held that the defendant has a reasonable expectation of finality and jeopardy has attached.
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